Law
Domestic Violence: Is It A Ground For Divorce?

Domestic Violence: Is It A Ground For Divorce?

Once domestic violence is experienced in a marriage, it can be difficult for anyone what and where to turn next. Many people choose to see someone they can talk to to relieve the feeling of stress and depression. Domestic violence can be stressful and cause depression, especially when the event has been occurring for many years.Does domestic violence a factor in grounds for filing a divorce in a marriage?

If you have experienced this kind of abuse in marriage, you may talk to a  divorce lawyer greenville south carolina.

Fault-based divorce

A divorce is not only about telling the court that you are domestically abused by your spouse; a proper investigation and proof of pieces of evidence must be provided. The filed divorce is dependent on the circumstances of your marriage. The component of a fault-based divorce demonstrates proof of the actions leading to the end of the marriage. In a fault-based divorce, there are various grounds to cite that led to the dissolution of marriage.

Domestic violence and abuse are components of a fault-based divorce. When the spouse is emotionally and physically abused by the partner, it constitutes a ground for a fault-based divorce.  Before you decide to file a divorce, a spouse must do something that results from the breakdown of marriage.Filing a fault-based divorce has requirements to show that the spouse’s actions caused the marriage to end. Here is a list of reasons that is ground to file a fault-based divorce, namely:

  1. The spouse cheated on you
  2. The spouse abandoned or deserted you
  3. The spouse emotionally or physically abuses you
  4. The spouse was imprisoned for one or more years.

No-fault based divorce

A couple can file for a divorce without blaming one another. It is quite common nowadays. Occasionally, a relationship doesn’t work out in the long term. It is not a requirement for a person to do something and directly cause a marriage to end.

But, there are specific requirements you need to meet in these situations. There are requirements for a no-fault divorce, if you intend to file for a case, you must meet the criteria. Here are the requirements for fault-based divorces:

  1. You live separately from a spouse
  2. When you have a young child/children together, you must be one year separated.
  3. When you have no children or no younger children and have been separated for six months and above with a signing marital agreement.

Since you file for a no-fault divorce doesn’t mean you will not encounter any issues. Having a divorce lawyer in Greenville South Carolina can assist with your problems or disputes that would come along the way in managing your case.