Grounds of Insupportability
Many divorces are obtained on the grounds of “insupportability.” The other current grounds for divorce are cruelty, adultery, the conviction of a felony, abonnement (for at least one year), living apart (for at least three years), and confinement in a mental hospital (for at least three years). Now that there is the no-fault option of insupportability, marriages are often dissolved based on insupportability even if there has been adultery, living apart, etc. If the parties decide it is best to resolve the case amicably rather than assigning fault, the divorce will be granted on the grounds of insupportability.
No matter what the grounds are, the court will divide the marital property and impose a child custody order as appropriate. In some cases, it still might be appropriate to allege fault grounds. For example, the cruelty or abandonment of the other spouse might be considerable enough to affect how property should be divided or how the children’s time with each parent is allocated. Give us a call to discuss whether it is appropriate to plead grounds other than insupportability in your Petition for Divorce.