My husband does not want children and I do. Is this grounds for divorce?

It used to be that for a couple to get a divorce there had to be grounds for it, or it wasn't allowed. One of the spouses had to prove that some sort of marital misconduct on the part of the other spouse took place before the marriage could be legally dissolved. This was referred to as "grounds for divorce." With this method the wronged spouse was given the power to divorce the other spouse because he/she was guilty of doing something wrong.

Today things have changed. Now only 35 states even allow couples to have a fault divorce. These states still require that grounds for divorce be used as evidence in order to have their marriage ended without having to endure the mandatory separation period before the divorce becomes final as is the case in "no fault' divorce. No fault divorce, as the title implies, does not require that there be grounds for the divorce as the couple can merely state that there are irreconcilable difference that have caused their marriage to no longer be viable. The court will then issue the divorce as requested, but only after the separation waiting period has expired - as this is a safeguard for those couples who might repair their marriage and change their mind regarding the divorce. In the case of fault divorce, however, one spouse is usually found guilty and this guilt quite often leads to the loss of some portion of the marital assets as well as having to pay a larger amount of money for alimony.

In these states where a fault divorce is sought, grounds necessary for divorce are usually spelled out. Adultery is the most common grounds employed. But, the courts require proof when this kind of divorce is the goal, and though easy to claim, adultery is difficult to prove. If your spouse refused to admit to this wrong doing, legally proving it can prove to be a long and painful process.

Abuse or cruelty is another ground for divorce. If you are physically or emotionally abused by your spouse the courts recognized that dissolving your marriage is in your best interest. In this case, evidence is also necessary and you will have to provide the court with documentation of your injuries, possibly witnesses will be needed to testify of the abuse as well.

The other grounds include when one spouse is confined in prison, or has abandoned the other. Incurable insanity, drug abuse, alcoholism and physical incapacity are also grounds for divorce. These grounds are usually easier to prove than those listed above.

When it comes to significant differences between the couple, for example, one spouse wants the other to join his/her religion, but he/she declines, this will not be considered sufficient grounds for a divorce. If your husband does not want children, this is an issue that must be decided between the two of you without the coercion of divorce looming as an inducement. However, these are the very types of reasons no fault divorce has become so popular.