What to Know About Irreconcilable DifferencesBy Moskowitz Law Group, LLC |
As nearly 50% of marriages end in divorce, understanding the grounds on which you may file for divorce can be helpful. Legally defined as the inability for spouses to agree or make decisions, irreconcilable differences stem from variabilities in character, beliefs, or other personality traits that cannot, or will not, change.
What is No-Fault Divorce?
When seeking a divorce, a spouse may file for either an at-fault divorce or a no-fault divorce. Stating irreconcilable differences as the grounds for divorce is considered to be a no-fault divorce, meaning that neither spouse is accusing the other of wrongdoings that led to the marriage’s end.
Rather, the dissolution of the marriage was caused by the couple growing apart and the resulting disagreements have made it impossible for the marriage to continue. Under a no-fault divorce, spouses do not have to prove that the other spouse did something wrong.
A divorce filed over irreconcilable differences typically allows spouses to begin divorce proceedings in a more civilized manner as there are no drastic allegations involved. This can make the proceedings less stressful and demeaning for the spouses and children.
Proving Irreconcilable Differences
The option to file for divorce on the grounds of irreconcilable differences was designed to allow couples to end their marriages in a dignified manner, and in New Jersey there are only a few factors that the couple must prove in court. The first of which is that one of the spouses was a resident of the state for a minimum of one year prior to filing for divorce.
Then, the couple must prove that the irreconcilable differences are what ultimately led to the breakdown of the marriage. Additionally, the couple must prove that their marriage is unable to be reconciled now, or at any point in the future. Lastly, the couple must show that the irreconcilable differences have lasted for at least six months.
Contacting an Experienced Divorce Attorney
If you are considering a divorce from your spouse, the option of a no-fault divorce on the grounds of irreconcilable differences may be a viable and wise choice. By justifying a no-fault divorce over irreconcilable differences, you may be able to save significant time and money by keeping conflict to a minimum and staying out of court as much as possible. If you have any questions or concerns regarding a no-fault divorce, call today and schedule a case consultation.