Grounds for Divorce: Irreconcilable Differences
California is a no-fault divorce state, which means you can pursue a divorce without having to prove that either spouse’s actions necessitate the divorce. Instead, you can file for divorce on the grounds of irreconcilable differences.
This grounds for divorce signifies that the marital relationship has suffered a breakdown deemed irreparable by the court. There is no requirement to assign fault or blame for the breakdown; the focus is simply on the inability to continue the marriage as a viable partnership.
When Is a Marriage Irretrievably Broken?
Determining whether a marriage is irretrievably broken is a deeply personal decision. There is no single factor that definitively indicates the end of a marriage, and the reasons can vary greatly from couple to couple. However, some common signs may suggest a marriage has broken down include:
- Persistent conflict and a lack of communication. Constant arguing, negativity, and the inability to effectively communicate with your spouse can significantly damage a marriage.
- Absence of intimacy. Emotional and physical intimacy are important for both parties in a marriage. If these elements are missing with no chance of recovery, it can be a sign of deeper problems.
- Infidelity or a significant breach of trust. A betrayal of trust, such as an affair, can be devastating to a marriage. Rebuilding trust can be extremely difficult, if not impossible.
- Differing values and life goals. If spouses have fundamentally different values or goals for the future, it can create major rifts and make a happy and fulfilling life together seem unachievable.
- Financial problems and constant stress. Financial strain can be a major source of marital conflict. If financial problems are insurmountable and create ongoing stress, it can negatively impact the entire relationship.
Couples may also consider their marriage irretrievably broken if they have the following irreconcilable differences:
- Different religious or political beliefs
- Differing opinions on having children
- Familial tension
- Lack of contributions (fiscal and/or emotional) to the household or marriage
- Lack of work-life balance
- Personality conflicts
- Physical separation (i.e., long-distance relationship)
It is important to note that we recognize that none of these issues are insurmountable. However, if you and your spouse cannot reach a middle ground and feel like you cannot work past an issue, that may signal that you have irreconcilable differences.
Can You File If Only One Spouse Believes the Marriage Is Irretrievable?
Yes. You can file for divorce regardless of whether your spouse wants to divorce or agrees that your marriage is irretrievably broken.
They can contest the divorce but must file a response to your filing. If a spouse tries to avoid divorce by not responding to your petition, the court can still proceed with the divorce and enter a default judgment. If your spouse does participate in the proceedings but tries to delay the process, an attorney can help you combat any delaying tactics.
Quality & Comprehensive Divorce Counsel
Divorce is a complex emotional and legal process. At The Neshanian Law Firm, Inc., our compassionate and experienced divorce attorneys understand the challenges you face and are dedicated to guiding you through each step with clarity and unwavering support. We recognize the importance of understanding your rights and options, and we can work tirelessly to help you achieve a favorable outcome.
We prioritize clear and consistent communication throughout the process. You will have direct access to your attorney and a dedicated team who will keep you informed of all developments and answer your questions promptly.
Whether you need help filing or responding to a divorce petition, our team is equipped to help. Our attorneys can help you develop a personalized negotiation or trial strategy and can advise you on how marital conduct can still play an important role in your divorce.
While California law allows for a "no-fault" divorce based on irreconcilable differences, this doesn't eliminate the impact of specific marital conduct on the final settlement. For example, adultery and domestic violence can affect custody and spousal support considerations, and we can walk you through how to incorporate marital conduct into your negotiations or trial evidence.
Schedule a case consultation today. Call (949) 577-7935!