Your Spouse Doesn't Want Children: Is This Grounds For Divorce?

Generally, once a couple is married the next step is to start a family. Whether they begin having children right away or later, this is a decision that both partners must agree on. According to the U.S. Supreme Court, the decision to have a child or not have a child is a private, personal one. No one, not even a spouse, can force a woman to have a child. On that same note, no one can force a woman to have an abortion. So what can a couple do if they disagree on whether or not to have children?

 No Fault Divorce

While one spouse disagreeing to have children can be grounds for divorce in some states, you can always file for a no-fault divorce. To file a no-fault divorce, all a couple needs to do is claim irreconcilable differences. Most divorces today are no-fault. However, fault divorces are still available in some states.

Fault Divorces

If you file for a fault divorce, you must provide the grounds for starting the legal proceeding. If your spouse contests the divorce, you must prove the grounds, and your spouse has the right to counter file with his or her own allegations against you. Fault divorces can be messy and expensive. 

Some grounds for filing a fault divorce include the following:

  • Adultery
  • Insanity
  • Incarceration
  • Abuse
  • Desertion

Grounds For Annulment

Under certain circumstances, the disagreement on having children may be grounds for an annulment. An annulment voids a marriage, freeing both parties to remarry if they wish. To get an annulment, you must first explain your reasons to the court. Grounds for doing so include fraud, duress, bigamy, impotence, or mental incompetence. 

If your significant other lied to you before marriage and said he or she wanted kids, and then later admitted to lying so the marriage would take place, this is fraud. Legally, your spouse is not supposed to tell you a lie prior to getting married if the truth would have made you call off the wedding. 

Once you're married, you are not trapped in that marriage if you and your spouse disagree on having children. Whether you file a no-fault divorce or get an annulment, you can end the bonds of holy matrimony and be free to find a partner who shares your views on children and family. 

If children are an issue that you and your spouse cannot agree on, talk to an attorney (such as the Law Office Of Ernest A Buche Jr). A family law attorney knows the divorce laws in your state and can advise you on how to proceed based on your unique circumstances.