GROUNDS FOR DIVORCE: NO-FAULT or FAULT ?
The ground for divorce used with these documents is that the marriage is irretrievably broken and that reconciliation is improbable. A marriage is considered irretrievably broken by:
(1) Voluntary separation by the parties; or
(2) Separation caused by respondent’s misconduct; or
(3) Separation caused by respondent’s mental illness; or
(4) Separation caused by incompatibility between the parties.
NOTE: Any efforts made to achieve reconciliation prior to divorce, even those that include sleeping in the same bedroom and resumption of sexual relations, shall not interrupt any period of living separate and apart, provided that the parties have not occupied the same bedroom or had sexual relations with each other within the 30-day period immediately preceding the day the Court hears the petition for divorce.