A Frederick Maryland custody and divorce lawyer is daily confronted with the question of what “grounds” to allege in order for his/her client to obtain a divorce. The significance of “grounds” is as follows: grounds are what you have to demonstrate to be entitled to a divorce. Remember at the end of the day divorce and custody cases are a civil lawsuit.
Just like any other civil lawsuit, you need to prove you are entitled to a verdict in your favor that is called “grounds.”
In a divorce case, you prove to the court why you are entitled to the divorce (that’s grounds) and then what you are entitled to such as alimony, custody, child support etc. (that’s damages.)
In contrast, you might be entitled to a divorce based upon “fault” grounds, such as your spouse committed adultery, abandoned the home etc.
The vast majority of divorces are granted based upon “no fault” grounds.
Not because the actual basis of a divorce is usually a mutual decision, but because by the time everybody is tired of waiting around for a court date, they agree to get the divorce based on just about anything. In my experience, most divorces are a result of adultery.
Sometimes it’s the husband, sometimes it’s the wife, sometimes it’s both. But with some degree of certainty it usually plays a part in things. Nevertheless, virtually nobody goes to court unable to prove SOME reason to be entitled to a divorce. I mean think about it?
Would it really be a good idea to let two people slug it out through a divorce trial just to both be denied a divorce and the judge to says: “nope, you’re still married, go home.”
Timothy Conlon, Esquire for The Divorce Place.
810 East South Street
Frederick Maryland 21701