Under what circumstances the court must grant the divorce
Under what circumstances the court must grant the divorce
Marriages may be dissolved via the legal procedure of divorce. While some standards are be satisfied, the court will approve the petition for granting divoce. Examining these needs in further detail can help.
The primary justification for divorce is irreconcilable differences. In other words, despite their best efforts, the couple still needs to be able to solve their issues. The court may issue a divorce if the couple has been living apart for a certain period, usually two years, or one year under special circumstances, and they can prove there is no chance of reconciliation.
Another typical cause of divorce, secondarily, is infidelity. This happens when one spouse has relationships with people other than their spouse. The court may grant a divorce if one spouse shows the other has been unfaithful. The court needs strong proof to support the accusation since establishing adultery can be challenging.
The third cause of divorce is desertion or abandonment. This occurs after a specific period, usually a year or more, of one spouse's departure from the other without a good explanation. The court might award a divorce if the spouse departed without an acceptable explanation.
Fourthly, abuse or domestic violence is an additional cause of divorce. The court could issue a divorce if one spouse has been abusive to the other regarding their physical, emotional, or psychological well-being. An order of protection known as a restraining order may be necessary for the victimized spouse in domestic violence to safeguard oneself.
Fifthly, the court may issue a divorce if one spouse is behind bars for a certain period, usually three years or more. The jailed spouse cannot meet their partner's marital commitments.
The court may also grant a divorce if one spouse has a mental disease or cannot support themselves. The court may issue a divorce when one partner has a serious mental condition that prohibits them from carrying out their marital responsibilities or in situations where they have been determined to be legally incapable.
The process of divorcing is difficult and stressful, and it may have a lasting impact on the families of the divorcing parties and the divorcing spouses. If irreconcilable differences, infidelity, desertion, abuse or domestic violence, incarceration, mental disease, or incapacity exist, the court will only issue a divorce in certain situations. It's crucial to speak with an expert lawyer if you're considering getting a divorce so they can advise you on the particular rules in your area.
Robert Zhang 
Steve Li 