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What Are The Grounds for Divorce In almost every state today, it is sufficient legal ground for a divorce that at least one spouse really wants a divorce, and that that spouse is certain that the marriage will not be able to continue. This is often called, in legal terms, "irreconcilable differences" or "irretrievable breakdown." It is also called a "no-fault" ground for divorce, because the spouse who wants the divorce does not have to prove any marital fault (such as an affair) on the part of the other party. In some states, if the parties have been separated for a period of time (for example, one year), then that is grounds for a divorce as well.
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