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Irreconcilable differences

 
Law Encyclopedia: Irreconcilable Differences
This entry contains information applicable to United States law only.

The existence of significant differences between a married couple that are so great and beyond resolution as to make the marriage unworkable, and for which the law permits a divorce.

A divorce premised on the ground of irreconcilable differences is considered a no-fault divorce since there is no need to establish that one party is more responsible or at fault for the end of the marriage than the other.

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The concept of inconsolable 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 they are used as justification for a no-fault divorce. In many cases inconsolable 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]

Any sort of difference between the two parties that either cannot be changed or the individual does not want to change can be considered inconsolable 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, inconsolable 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 inconsolable differences. Compare incompatibility; irremediable breakdown.

References

  1. ^ Robbins, Norman N. (1973). "Have We Found Fault in No Fault Divorce?". The Family Coordinator 23 (3): 361. 

 
 

 

Copyrights:

Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
Wikipedia. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article "Irreconcilable differences" Read more

 

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