Irreconcilable differences occur when a married couple finds it very hard to communicate in any reasonable manner, leading to a complete breakdown in communications. There can be many reasons for one half of the couple or even both of them feeling that way. It is not necessary to state your reasons; just stating that since there are “irreconcilable differences” is enough. In such a scenario even discussing the details of the impending divorce and the subsequent discussion of the marital properties and other assets as well as any custody issues often becomes impossible.
What Happens When There are “Irreconcilable Differences”?
When there is breakdown of communications to such a great degree, a couple can file for a no-fault divorce on the grounds of “irreconcilable differences.” In such divorce cases, there is no one party to blame as both of them want out of the marriage and they can simply file for divorce in the family court. If the differences between the husband and wife are so great that there is no chance of holding reasonable discussions, then a Judge can grant a divorce, without any mediation process.
Filing for Divorce Under “Irreconcilable Differences”
When you file for divorce citing “irreconcilable differences”, there is no need to prove or assign blame on either the husband or the wife. The very term goes to prove that there is no way out of the impasse, and that there is no desire to find a solution. Even if you file for divorce under these circumstances, both of you have to sign a statement “consenting to irreconcilable differences”, because the Family Court needs to be sure that neither one of you is open to reconciliation or to finding a solution to your marital problems. This is the best recourse if both of you just want to get out of the marriage.
Circumstances That Can Be Classified as “Irreconcilable Differences”
When, as a couple, you are unable to hold any discussion regarding the dissolution of your marriage, when there is acrimony, bitterness and resentment towards each other making any sort of interaction impossible, then you can file for divorce under “irreconcilable differences.” In such cases discussing the marital assets, jointly held property, pets or custody of children becomes impossible as the antagonism between the partners precludes any reasonable interaction.
What Happens When You Cite “Irreconcilable Differences”?
If you want the family court to accept your no-fault divorce suit and grant a divorce decree, you have to come to a mutually acceptable agreement regarding various contentious issues like child custody, alimony and visitation rights and property settlement. If there is no agreement possible, then you have to file for divorce and then wait to go through the entire process as required by law. Even if you think you can handle your own divorce, citing “irreconcilable differences”, it would be a better idea to consult a divorce lawyer who can talk you through the steps, particularly if your child’s custody is at stake. He will also be able to tell you the legal requirements you have to satisfy under your state laws and your obligations in case of divorce.
At Kenny Leigh & Associates, we are cognizant of the fact that, all too often the family courts favor the mother in case of divorce involving children. Many men lose out due to divorce, and their relationships with their children suffer as a result. Quite often, they become virtual strangers to their children. The situation is exacerbated if the mother remarries or moves away from the city or state, thereby further weakening the chances of the men retaining a viable relationship with their children. We strive to redress this imbalance and take on only men as clients. Every lawyer at our firm is passionate about fighting the good fight on behalf of suffering dads everywhere. If you are a man thinking of divorce, call us today to schedule a consultation.
By Kenny Leigh
