Irreconcilable differences
The concept of irreconcilable differences provides a possible ground for divorce in a number of jurisdictions.
In Australian family law with no-fault divorce it is the sole ground, adequate proof being that the estranged couple have been separated more than 12 months.
In the United States it can be one ground. Often it is used as justification for a no-fault divorce. In many cases irreconcilable was the original and only ground for no-fault divorce, such as in California, which enacted America's first no-fault divorce law in 1969.[1] California now lists one other ground, "incurable insanity," on its divorce petition form.[2]
Any sort of difference between the two parties that either cannot be changed or the individual does not want to change can be considered irreconcilable differences.
Legal definition:
Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare incompatibility; irremediable breakdown...
[edit] References
- ^ Robbins, Norman N. (1973). "Have We Found Fault in No Fault Divorce?". The Family Coordinator 23 (3): 361.
- ^ "Form FL-100 Petition for the Dissolution of Marriage". January 2005. http://www.courtinfo.ca.gov/forms/documents/fl100.pdf.
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