Do I have grounds to file for a divorce if my spouse has been verbally abusive and not stable in work for the past year?

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Do I have grounds to file for a divorce if my spouse has been verbally abusive and not stable in work for the past year?

My husband and I have been married for over 3 years now. Since we have been married he tends to be verbally abusive and never really worked. I supported our family for the past year since our daughter was born. He has had over 8 jobs now and we can never agree to things. I’m trying to do what is best for our daughter, and her being in a house where both parents do not agree on major issues and fight, I just don’t see as fair for our daughter. When I move I already have a job and daycare set up. I worry that verbal abuse may increase so i was advised to find a safe place for now.

Asked on May 18, 2012 under Family Law, North Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  North Dakota has what is known as fault and no fault grounds for divorce.  And while this type of abuse is not listed under a "fault" ground, you can divorce basned upon the "no fault" ground of "irreconcilable differenced."  That means that you do not have to prove anything other than there are good reasons to end the marriage, but not specific reasons like in the fault ground of drug and alcohol abuse.  Good luck.


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