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DRIN 20 (Rev. 09/2005)
that time, or if you spent even one night under the same roof, you cannot get an
absolute divorce based on a two-year separation. (For example, if you have been
separated from your spouse for two years, but one night a year ago you had sexual
intercourse with your spouse, then you have only been separated for one year.)
! Voluntary Separation - At least one year (12 months) ago, you and your spouse
agreed to separate with the intention of ending your marriage. For that entire time
you and your spouse lived in separate homes, did not spend a night under the same
roof, and did not have sexual intercourse with each other. There can be no reasonable
hope of getting back together. You may check this ground if all of these statements
! Adultery - If your spouse has had voluntary sexual intercourse with a person other
than you, you may check this ground for an absolute divorce. You must be able to
prove that your spouse committed the act of adultery or that he or she had disposition
and opportunity. Disposition is when your spouse and someone of the opposite sex
acted romantically towards each other. Opportunity is a specific chance to have
sexual intercourse with that person.
! Actual Desertion - If your spouse left you more than 12 months ago with the
intention of ending the marriage and you and your spouse have not had sexual
intercourse with each other during that time, you may check this ground.
! Constructive Desertion - If at least one year ago your spouse forced you to leave the
home by making it impossible for the two of you to live together in safety, with
health, and with self-respect and you and your spouse have not had sexual intercourse
with each other during this time, you may check this ground.
! Criminal Conviction of a Felony or Misdemeanor - This ground is explained on
DOM REL 20.
! Cruelty/Excessively Vicious Conduct Against Me or My Minor Child - If your
spouse has endangered your or your minor child’s safety or health more than once
and there is no reasonable hope that you and your spouse will get back together, you
may check this ground. However, one incident may be enough if it was very violent
and your spouse intended to harm you. The court will want you to prove that you
cannot live safely with your spouse.
! Insanity - This ground is explained on DOM REL 20.