Posted by DivorceLine in Grounds for Divorce: Irretrievable Breakdown
In most states, a spouse may get a no-fault divorce based on a breakdown of the marriage. Some states refer to this breakdown of a marriage as irretrievable breakdown.
Irretrievable breakdown is when one or both spouses claim that the marriage is broken and there is no reasonable possibility of reconciliation.
A court will generally find that a marriage is irretrievably broken if either of the following situations occur:
a) Both spouses state that their marriage is irretrievably broken
b) One spouse states that the marriage is irretrievably broken and the other spouse doesn’t deny it
If one of the spouses denies that the marriage is irretrievably broken, a court considers all relevant factors, including the circumstances that caused one spouse to file the divorce petition and the possibility of reconciliation. The court will either rule that the marriage is irretrievably broken or it will hold an additional hearing in 30 to 60 days.
A claim of irretrievable breakdown does not involve any wrong doing by either spouse but is a statement about the condition of the marriage. You will not need to prove that your spouse was to blame for the failure of your marriage to get a no-fault divorce based on irretrievable breakdown. A court may grant you a divorce if it finds that you and your spouse can no longer live together due to the irretrievable breakdown of your marriage
Irretrievable Breakdown Factors
Factors considered in determining a marriage breakdown or irretrievable breakdown may include the following:
a) Conflict of personality
b) Whether there is mutual concern for the emotional needs of each other
c) Whether the marriage is characterized by financial difficulties
d) Long physical separation
e) Difference of interests
f) Resentment
g) Distrust
h) Constant bickering
i) Irreversible antagonistic feelings
