“Can I get a divorce just because we no longer get along?”
Not quite. In Sri Lanka, divorce is still largely fault-based, meaning the law requires specific legal grounds.
So, what are the recognized grounds for divorce?
- Adultery – Has your spouse been unfaithful after marriage?
- Malicious desertion – Has your spouse abandoned you without justification?
- Incurable impotency – Was there an inability to consummate the marriage at the time it began?
But what if you were the one who left the matrimonial home?
Here’s where things get interesting.
You left the matrimonial home—can you still get a divorce?
Yes. If your departure was not voluntary, the law may recognize constructive desertion.
What is constructive desertion?
It occurs when one spouse, through their conduct—such as cruelty, neglect, or making life unbearable—forces the other spouse to leave. In such cases, the law may treat the conduct of that spouse as the reason for the breakdown of the marriage.
So, even if you physically left the home, the court will look at who is really responsible for the separation.
In Sri Lanka, proving the ground is key. Whether it’s adultery, desertion, or constructive desertion, each case depends on its own facts and evidence.