What Are the Grounds for Divorce, and How Can You File for Divorce?
July 26, 2025
Divorce can be one of the most difficult legal processes a person may face. Whether the decision is mutual or contested, the legal grounds for ending a marriage and the steps for filing can seem overwhelming.
Having clear information about how the process works can help individuals make more informed decisions and prepare for what lies ahead.
The Law Office of Blake P. Lipman, based in Farmington Hills, Michigan, provides guidance to individuals who are seeking divorce. The firm is committed to helping clients understand their legal rights and options, clarify their goals, and move forward with greater confidence.
Common Legal Grounds for Divorce
When pursuing a divorce, one of the first steps is determining the legal grounds for ending the marriage. Every state allows some form of divorce, though the reasons or "grounds" can vary slightly. These reasons are often categorized as either fault-based or no-fault, depending on the circumstances.
Choosing the appropriate grounds for divorce affects how the process moves forward. In many cases, spouses opt for no-fault divorce because it’s often simpler and less contentious. However, certain situations may call for fault-based grounds instead.
No-Fault Divorce
A no-fault divorce allows a couple to dissolve their marriage without placing blame on either party. This type of divorce is commonly based on irreconcilable differences or an irretrievable breakdown of the relationship. In many states, it’s the most frequently used legal path to divorce.
No-fault divorce can help reduce conflict between spouses. Since the focus isn’t on proving misconduct, it typically results in a smoother process. Even in cases where tensions are high, a no-fault approach can help minimize unnecessary disputes.
Fault-Based Divorce
Some divorces require citing specific fault-based grounds. This may happen if one party believes the other’s behavior contributed directly to the breakdown of the marriage. In these cases, evidence of misconduct may be required in court.
Common fault-based grounds include:
Adultery: One spouse had an affair during the marriage. In many states, proof of adultery must be presented to the court, which may influence decisions related to property division or spousal support.
Abandonment: One spouse left the other for a prolonged period without the intention to return. This ground often requires demonstrating that the separation was intentional and without the consent of the remaining spouse.
Cruelty or abuse: Physical or emotional mistreatment occurred during the marriage. Courts may consider evidence of domestic violence, repeated insults, or threats when evaluating claims of cruelty.
Substance abuse: Ongoing drug or alcohol issues affected the relationship. Proving this ground typically involves showing that substance use significantly disrupted the marriage or created an unsafe environment.
While fault-based divorce can offer certain legal advantages in property or custody decisions, it may also lengthen the process. Moving forward, it’s important to understand how residency requirements can impact the ability to file for divorce.
Residency Requirements Before Filing for Divorce
Before filing for divorce, most states require that at least one spouse meet certain residency requirements. This is to confirm that the state has jurisdiction over the case. Typically, a person must live in the state for a set period before filing.
For example, a state may require six months of residency before filing for divorce. In some cases, counties also have local residency rules that must be met. Verifying these requirements early can help prevent delays.
Meeting residency guidelines is a crucial first step. Once these requirements are met, the next stage is starting the legal process to file for divorce.
How to Start the Divorce Process
Filing for divorce generally begins with completing and submitting the appropriate court forms. The spouse who files is known as the petitioner, and the other spouse is the respondent. It’s important to fill out all forms correctly to avoid delays.
The process typically involves:
Filing a petition: Submit the required documents to the appropriate court. The petition outlines the desired terms of the divorce and states the legal grounds for ending the marriage.
Serving papers: Officially deliver the divorce paperwork to the other spouse. This must be done according to legal guidelines, often by a process server or law enforcement officer, to formally notify the respondent.
Waiting for a response: The respondent has a set period to answer the petition. During this time, the respondent may agree with or contest the terms, which will determine how the case proceeds.
Each of these steps must be completed carefully to follow state law. After filing, the court will move the case forward, often requiring certain supporting documents to be submitted.
Required Documentation for Filing for Divorce
Proper documentation plays a critical role in filing for divorce. These records help establish facts about the marriage, finances, and any issues related to children. Gathering the right documents ahead of time can help the process go more smoothly.
Documents often include:
Marriage certificate: Proof of the legal marriage. The court requires this document to verify that the couple is legally married and eligible to seek a divorce.
Financial records: Income statements, tax returns, and asset information. These documents help establish each spouse’s financial situation and are used to guide decisions on property division and support.
Parenting plans: Proposals related to custody and child support. A parenting plan outlines how parents intend to share responsibilities and provide for the well-being of their children after the divorce.
Once these documents are filed, the court can begin addressing the details of the divorce. Next, it’s helpful to know what happens after the initial paperwork is submitted.
What Happens After Filing for Divorce
After the petition and related documents are filed, the legal process officially begins. Courts typically schedule hearings or require mediation depending on the issues involved. The timeline can vary depending on the court’s schedule and the specific details of the case.
During this period, temporary orders may be issued for things like child custody or spousal support. Both parties may also participate in discovery, where they exchange information and documents. If an agreement is reached, the court can finalize the divorce.
This post-filing phase often brings up other important factors that can affect the divorce process, especially when children or shared property are involved.
Factors That May Affect the Divorce Process
Certain issues can complicate the timeline or legal process of a divorce. These factors may increase the time required to reach a final agreement or ruling. Being prepared for these challenges can help spouses move forward with realistic expectations.
Factors that commonly affect the process include:
Child custody and parenting time: Disputes about where children will live or how time will be shared. When parents can’t agree, the court will consider the best interests of the child to make custody and visitation decisions.
Property division: Disagreements about dividing assets and debts. This process involves identifying marital property and determining how it’ll be distributed between the spouses, which can become contentious in high-asset cases.
Spousal support: Requests for financial support after the marriage ends. The court may award spousal support based on factors such as the length of the marriage, each spouse’s financial needs, and earning potential.
Attorney Blake P. Lipman often advises clients that resolving these matters early can make the divorce process more manageable.
You Deserve a Dedicated Legal Advocate
The Law Office of Blake P. Lipman serves clients in Farmington Hills, the Detroit Metropolitan Area, and the Tri-County Area, including Oakland, Wayne, and Macomb. Attorney Blake P. Lipman offers clear legal guidance to help individuals approach the divorce process with greater confidence. Reach out today to schedule a consultation.