Is falling out of love enough grounds for divorce?

When the sparks are gone, should the marriage be done, too? Not in some states. In many parts of the country, falling out of love is not a sufficient reason to file for divorce. When is it acceptable? What are some of the common grounds for divorce? A few lawyers weighed in on these questions; keep reading to learn from them.

Irreconcilable Differences

Falling out of love is not generally accepted as a grounds for divorce.

Nowadays, most US states are “no-fault” divorce states. This means that to file for divorce, it’s sufficient to claim “irreconcilable differences” or that your marriage is “irretrievably broken.” You do not need to provide a more specific reason or prove any fault on behalf of your partner.

However, there are still a few “fault” states where you would need to declare a specific grounds for divorce such as adultery, abandonment, or cruelty. In these cases, simply falling out of love might not qualify as sufficient grounds.

If a couple agrees that their relationship has reached a point of no return, this can be presented to the court as irreconcilable differences with no need for justification of who fell out of love first or why. But if one partner does not agree with the divorce or its grounds, then things can get complicated and other grounds may need to be presented.

Once again, these are general observations and the specifics would vary depending on the jurisdictional laws and the unique circumstances of each couple.

Significant Marital Discord

Let’s shed some light on whether falling out of love is enough grounds for divorce. It’s important to note that divorce laws can vary from state to state.

In Florida, falling out of love, in and of itself, is not recognized as a legal ground for divorce. Florida is a “no-fault” divorce state, which means that a spouse does not need to prove fault or provide specific grounds for seeking a divorce. Instead, the only requirement is that the marriage is “irretrievably broken,” meaning there is no chance of reconciliation.

In a “no-fault” divorce state simply waking up in the morning and no longer wanting to be married could be sufficient grounds as long as you are willing to attest that it is your honest belief that the marriage is irretrievably broken. So, yes, falling out of love might be enough grounds for divorce in “no-fault” states.

To establish that a marriage is “irretrievably broken,” it is not necessary to prove that both spouses have fallen out of love. You can demonstrate this by showing significant marital discord or a breakdown in the marital relationship. It can be issues such as communication breakdown, irreconcilable differences, or a complete loss of emotional connection.

If falling out of love is not a sufficient ground for divorce, other commonly accepted grounds in Florida include mental cruelty, physical cruelty, adultery, abandonment, and cheating of one spouse with someone else.

Consult an Attorney to Understand Legal Requirements

In most legal systems, the grounds for divorce typically involve demonstrating the existence of irretrievable breakdown of the marital relationship. Falling out of love alone may not be sufficient grounds for divorce, as emotional changes are subjective and can fluctuate over time. Courts generally require additional factors to be established, such as:

● Irreconcilable Differences: When the couple’s fundamental values, beliefs, or goals have diverged to such an extent that reconciliation is no longer feasible.

● Marital Misconduct: If one party has engaged in behaviors such as infidelity, abuse, or abandonment, which have substantially harmed the marriage.

● Separation: Some jurisdictions require couples to live apart for a specified period before filing for divorce, establishing the irretrievable breakdown of the relationship.

● Incompatibility: When a couple demonstrates that their differences are so substantial and pervasive that the marriage cannot be maintained.

It is important to consult with a qualified family law attorney in your jurisdiction to understand the specific legal grounds for divorce and the necessary procedures to navigate the court system effectively. They will provide tailored advice based on the laws applicable in your region and help you build a strong case, taking into account the unique circumstances of your situation.