Cruelty is the intentional infliction of physical or mental suffering that causes a spouse unendurable distress, thereby destroying the purpose and object of matrimony, by making living with the abusive spouse unbearable. In evaluating a fault divorce based on cruelty a court will always examine the context in which the conduct took place, as well as the effect of that conduct on the spouse petitioning for divorce. The types of behavior that will constitute cruelty vary from state to state. Incompatibility Irreconcilable conflicts in spouses' personalities that make it impossible for them to continue a normal marital relationship are grounds for divorce in a handful of states. Incompatibility is recognized in Alabama, Alaska, Kansas, Nevada, New Mexico, Ohio and Oklahoma.
Separation caused by incompatibility is grounds for divorce in Connecticut and Delaware.
Living apart or separation Separation, as defined by individual state statutes, constitutes a ground for divorce in about half of all states. Depending on the state in which you live, separation may refer to living apart according to a court-approved separation agreement or a voluntary choice by the spouses to reside separately. The state may require proof that the couple has lived apart for the required time period, which can range, depending on the state, anywhere from six months to five years. Some states will find that a couple is not separated if the spouses live in the same house. Other states will base a determination of separation not on residence, but on the cessation of the couple's sexual relations.