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Home Irreconcilable Differences
Irreconcilable Differences PDF Print E-mail

A spouse may get a no-fault divorce based on a breakdown of the marriage. This breakdown of a marriage is also known as irreconcilable differences.

Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. If you and your spouse have irreconcilable differences then you cannot agree on certain fundamental issues and you never will.

A claim of irreconcilable differences does not involve any wrong doing by either spouse but is a statement about the condition of the marriage. You will not need to prove that your spouse was to blame for the failure of your marriage to get a no-fault divorce based on irreconcilable differences. A court may grant you a divorce if it finds that you and your spouse can no longer live together due to your irreconcilable differences.

An example of irreconcilable differences is when spouses completely fail to agree on how to raise their children. Disciplinary issues and religious issues are the issues that are commonly the basis of this no-fault ground.


Irreconcilable Differences Factors

Factors considered in determining a marriage breakdown or irreconcilable differences may include the following:

  • Conflict of personality
  • Whether there is mutual concern for the emotional needs of each other
  • Whether the marriage is characterized by financial difficulties
  • Long physical separation
  • Difference of interests
  • Resentment
  • Distrust
  • Constant bickering
  • Irreversible antagonistic feelings

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Did you know?

Step two in property division is to value all assets. This may be as simple as looking at bank statements or other information. However, real estate appraisers, accountants or other professionals who specialize in valuation may be required to place a proper value on certain assets.