Does a spouse have to show proof that he/she suffered physical and or emotional abuse to dissolve a covenant marriage to divorce?
We have a covenant marriage. My husband filed for divorce. He said in his petition that suffered physical/ emotional abuse took place in a marriage for a divorce, do they show proof? Or does a judge grant the divorce on this false claim?
Your judge will need to be convinced that there is a proper basis to dissolve a covenant marriage. Either party can present proof to convince the judge of their position, and proof can come in many forms. Some examples can include emails, texts, recordings, pictures, medical reports, police reports or even just testimony from one of the parties or a witness.
The grounds for dissolving a covenant marriage are:
- Respondent spouse has committed adultery.
- Respondent spouse has committed a felony and has been sentenced to death or imprisonment
- Respondent spouse has abandoned the matrimonial domicile for at least one year, or has abandoned and is not expected to return.
- Respondent spouse has physically or sexually abused the other spouse, a child, a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in section 13-3601 or emotional abuse.
- Spouses have been living separate and apart continuously without reconciliation for at least two years or have separated and are not expected to reconcile.
- Spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.
- Respondent spouse has habitually abused drugs or alcohol.
- Husband and wife both agree to a dissolution of marriage.