Irreconcilable Differences. This ground for divorce is most commonly used. It allows either spouse to file a Complaint for divorce without any specific reason. The only statements the party filing for divorce must make are: 1) there has been a breakdown of the marriage for a period of six months; which makes it appear that the marriage should be dissolved; and 2) there is no reasonable prospect of reconciliation.
18 Month Separation. Neither spouse is required to offer evidence of fault or wrongdoing. The Complaint must state that you and your spouse have lived in different residences for 18 months or more and that the months have been consecutive. You must state that there is no reasonable prospect of reconciliation. Living in the same residence in different bedrooms does not fulfill the requirement. You do not have to file any documents to start the running of the 18 months. At the end of 18 months you will file a sworn statement that you and your spouse have been separated, living separate and apart, in different residences for 18 months or more and you do not expect to reconcile.
Adultery. If your spouse is having an affair and you know the name and address of the “other spouse” you may file for a divorce based on adultery.
Extreme Cruelty. This ground includes all acts of physical violence and acts of mental cruelty which endanger your safety or health, or which make continued living together unreasonable or improper.
Imprisonment. If your spouse has been in a prison for 18 months or more consecutive months. The entire 18 months must be after the marriage began. The Complaint for divorce should be filed while your spouse is in prison. If your spouse is released and you resume living together, you no longer qualify for a divorce under this ground.
Willful And Continued Desertion, Physical. If your spouse moved out of the marital home and your spouse has been gone for at least 12 months. The desertion must be for 12 consecutive months. If you and your spouse agree that you will separate and that your spouse will move out, you may still file a Complaint based on desertion.
Willful And Continued Desertion, Sexual. Sexual desertion is a persistent refusal by your spouse to engage in sexual relations with you for a period of 12 months or more. This type of desertion cannot be by mutual consent. Your spouse must refuse to engage in relations you desire and would engage in if your spouse were willing.
Voluntarily Induced Addiction. If your spouse is an alcoholic or drug addict and the alcoholism or drug abuse must be for 12 consecutive months or more.
Mental Illness. If your spouse has been in an institution for 24 months or more, you are entitled to a divorce. The institutionalization must be for 24 consecutive months and the entire 24 months must be after the wedding ceremony.
