Irreconcilable differences

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The concept of irreconcilable differences provides possible grounds for divorce in a number of jurisdictions.

Australia[edit]

Australian family law uses a no-fault divorce approach, and irreconcilable differences is the sole grounds for divorce, with adequate proof being that the estranged couple have been separated for more than 12 months.

United States[edit]

In the United States, this is one of several possible grounds. Often, it is used as justification for a no-fault divorce; in many cases, irreconcilable differences were the original and only grounds for no-fault divorce, such as in California, which enacted America's first purely no-fault divorce law in 1969.[1] California now lists one other possible basis, "incurable insanity," on its divorce petition form.[2]

Any sort of difference between the two parties that either cannot or will not be changed can be considered irreconcilable differences. A difference could be that of a difference in character, personality, belief, or some other personality trait. Some states use the terms irremediable breakdown, irretrievable breakdown, or incompatibility; in some states where the official grounds is 'irreconcilable differences', the statutory definition of that term may include a waiting period or a mutual-consent requirement.[citation needed]

References[edit]

  1. ^ Robbins, Norman N. (1973). "Have We Found Fault in No Fault Divorce?". The Family Coordinator. 23 (3): 361. 
  2. ^ "Form FL-100 Petition for the Dissolution of Marriage" (PDF). January 2005.