Divorce Newsletters
Divorce involving a member of the U.S. military
Military divorce involves a member of the uniformed services and his or her spouse, who may or may not be in the services. Even though military divorce may be similar to a usual divorce, there are a few differences, such as legal protections, jurisdiction of court, residency requirements for filing for divorce, division of military retirement benefits or pension, and provision for child support. A service member facing a divorce should be aware of the Servicemembers' Civil Relief Act of 2003 and the Uniform Services Former Spouses' Protection Act (USFSPA).
Fault-based Divorce: Abandonment
Abandonment, also known as "desertion," is a ground for fault-based divorce in a majority of states. Abandonment is defined as one spouse's leaving the marital home without the other spouse's consent and without any justifiable reason. Some courts have drawn a slight distinction between abandonment and desertion by stating that desertion involves an intention to sever the relationship, but abandonment does not have that requirement. Some state statutes require that there must be a continuous abandonment for a certain period of time before the filing of a divorce petition.
Defenses in Fault-based Divorce: Condonation and Reconciliation
States traditionally have considered condonation and reconciliation to be common law affirmative defenses to fault-based divorce actions. Under that scenario, the defendant was required to plead and prove the defense. In states that allow fault-based divorce and that have comprehensive divorce statutes, the general movement has been to limit or eliminate common law divorce defenses such as condonation and reconciliation.
Fault-based Divorce: Insanity
Insanity or mental illness is a ground for fault-based divorce in most states, while other states consider it a ground for no-fault divorce. Insanity is a state of mind in which the afflicted person cannot distinguish between right and wrong. It refers to the inability to handle individual responsibilities expected of ordinary persons in the daily course of life. An insane person may endanger his own life and that of others.
