Irreconcilable differences
Encyclopedia
The concept of irreconcilable differences provides a possible ground for divorce
in a number of jurisdiction
s.
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. California now lists one other ground, "incurable insanity," on its divorce petition form.
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.
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
in a number of jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s.
In Australian family law
Australian family law
Family Law in Australia is contained in various pieces of legislation, but also includes the common law and laws of equity, which affect the family and the relationship between those people - including when those relationships end....
with no-fault divorce
No-fault divorce
No-fault divorce is a divorce in which the dissolution of a marriage requires neither a showing of wrong-doing of either party nor any evidentiary proceedings at all...
it is the sole ground, adequate proof being that the estranged couple have been separated more than 12 months.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
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. California now lists one other ground, "incurable insanity," on its divorce petition form.
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.