6 LEGAL REASONS TO END YOUR MARRIAGE

reasonstoendmarriage

YOUR SPOUSE COMMITS ADULTERY?

Adultery is the sexual intercourse between a married person and another person of the opposite sex, whether married or unmarried, who is not their spouse. This is commonly referred to as cheating when married.

For an act do be considered adulterous, it must be voluntary between the parties having sexual intercourse. Suspicion of cheating or adultery is not enough because one must be able to prove it.

Adultery can also be found where a married person cohabits with another person who is not their spouse during the subsistence of a marriage. Adultery or cheating is a legal reason to get a divorce or separation order under the law.

 

YOU SUFFER CRUELTY FROM YOUR SPOUSE?

Cruelty takes various forms but is mainly conduct that is likely to cause harm to your life or body and mental health.

Some of the acts of cruelty include:

  1. Physical violence like beating of a spouse or children
  2. Denial of sex to a spouse
  3. Verbal abuses like insulting a spouse
  4. Drunkenness of a spouse

If you are a victim of any of the above, the law allows you to get a divorce or separation order on that ground.

YOUR SPOUSE DESERTS YOU FOR AT LEAST 3 YEARS?

Desertion occurs when a married person abandons their spouse and home and goes to live elsewhere without returning to the matrimonial home for a continuous period of 3 years or more. If you are victim of this the law allows you to end your marriage by getting a divorce in court.

YOUR SPOUSE GETS IMPRISONED FOR LIFE OR FOR MORE THAN 7 YEARS?

The law allows a married person to end their marriage when their spouse gets sentenced to prison for life or for more than 7 years by getting a divorce in court.

YOUR SPOUSE SUFFERS FROM AN INCURABLE INSANITY?

One can get a divorce by relying on the ground that their spouse suffers from an incurable insanity. This insanity has to be certified by an experienced doctor in psychiatry as being incurable.

YOU HAVE BEEN SEPARATED FROM YOUR SPOUSE FOR AT LEAST 2 YEARS  EITHER VOLUNTARILY OR BY ORDER OF COURT

If you have been separated from your partner in marriage for 2 years or more either by agreement between the two of you or by an order of court, the law allows you get a divorce on this ground.


WAKILI TIPS:

  • When you have a dispute in your marriage you should go through a mediation or conciliatory process first by agreeing with your spouse on a suitable mediator such as a pastor to try and resolve the differences in the marriage.
  • If the mediation fails you can go to court and get a separation order or a divorce. A separation order does not end your marriage but changes your living arrangements with your spouse since you will be required to live in separate houses while a divorce completely ends your marriage. In both separation and divorce you can get the following:
  1. Custody of the children
  2. Maintenance for the spouse who is supported by the other spouse.
  3. Maintenance for the children.

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Author Since:  August 5, 2018