Grounds for Legal Separation
Written by Michelle N. Ogborne

Grounds for Legal Separation

Do you know what the grounds for legal separation are? If not, this article will help you understand common grounds for legal separation. However, your state might have different grounds for legal separation or none.

The most common grounds for legal separation include:

  • Infidelity

Your spouse committed adultery with a person who is not his or her spouse

  • Jail Time

Your spouse gets sent to jail for a specific amount of years (using time of imprisonment as justification for your legal separation will depend on your state).

  • Descended from Same Ancestors

The marriage was annulled on grounds of consanguinity.

  • Already Married

Your spouse committed the act of going through a marriage ceremony while already married to another person.

  • Incompetent

Under law, a person with an unsound mind is considered incompetent to get married.

  • Fail to Care

Your spouse neglects you or your family.

  • Abandonment

Your spouse deserted you and your family and has no intention to return.

  • Harm or Threat

Sexual, emotional, and physical abuse are some of the most common grounds for legal separation you will see in most states.

  • Criminal Deception

Your spouse is a fraud and only married you to get into the US or get money from you.

  • Can’t Have Children

Your spouse is impotent and can’t have children, but you want them.

  • Physical incapacity

Your spouse does not want to or is unable to have sexual relations.

  • STD’s

Your spouse transmitted a sexually transmitted disease to you unknowingly or intentionally.

  • Unreasonable or Illogical behavior

Some states might allow a spouse to get a legal separation for illogical or unreasonable behavior, but each state might determine unreasonable behavior differently.

Grounds for Legal Separation in Your State

You can easily look up grounds for legal separation in your state by using a search engine like to search for “grounds for legal separation near me”. You can also contact your local court system or a legal separation lawyer to ask questions and find answers.

Grounds for Legal Separation in Arizona

You can request a legal separation vs requesting a divorce in Arizona as long as you have been a resident for at least 90 days and you can demonstrate that your marriage is irretrievably broken, one spouse or both want to live separate and apart, and the other spouse is not objecting to the legal separation.

Speak with Our Legal Separation Lawyers in Phoenix, Arizona Today

Ogborne Law can help with a legal separation in Arizona. Our legal separation lawyers have many years of experience in drafting separation agreements. Our law office is located at 5020 E Shea Blvd Suite 240, Scottsdale, AZ 85254 inside the Paradise Valley Plaza.

While the legal separation process is not for everyone, it can save you money, stress, and hassle vs getting a litigated divorce. Speak with our legal separation lawyers in Phoenix, AZ to find out if legal separation is right for your family.

If you’re ready to start your consultation with Ogborne Law, visit our Consultation request page.

Contact Ogborne Law today and let us show you how we can help protect your kids and your family.

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