What to know about irreconcilable differences in a divorce?

What to know about irreconcilable differences in a divorce?

irretrievable breakdown irreconcilable differences divorce marriage a couple taking their wedding rings off

Married couples may seek the dissolution of their marriage for several reasons. Nonetheless, irreconcilable differences is a common no-fault ground for divorce. According to this ground, neither spouse is at fault for dissolving the marriage; the marriage has simply ended because it does not work anymore. If you are seeking a divorce due to irreconcilable differences, contact a trusted Nassau County Uncontested Divorce Attorney who can help you execute the termination of your marriage.

What do irreconcilable differences mean in a divorce?

When a couple gets divorced, they must determine how they are going to cite and file the grounds for divorce. Ultimately, this means whether the couple is going to cite fault grounds or no-fault grounds in their divorce. In a fault divorce, one spouse holds the other responsible for the termination of the marriage. In a no-fault divorce, the blame is equally shared. In this case, no one person is responsible for the termination of the marriage. This type of no-fault ground may be referred to as irreconcilable differences or irretrievable breakdown, depending on the state a couple resides in. In New York, it is commonly referred to as irreconcilable differences. Irreconcilable differences occur when neither party is to blame for the end of the marriage and there is no one specific reason for it. Ultimately, this type of divorce grounds indicates the marriage has reached its breaking point and cannot be salvaged. Legally, couples are required to cite irreconcilable differences to file a no-fault divorce. However, New York is a “no-fault” state which means couples are limited to citing irreconcilable differences for at least six months.

Are there residency requirements for a divorce?

In New York, couples who are seeking the dissolution of their marriage must understand what grounds for a divorce are legally acceptable. The following are legal grounds for a divorce in New York:

  • Irreconcilable differences
  • Adultery
  • Cruel and inhuman treatment
  • Abandonment for one year or more
  • Imprisonment for more than three years
  • Separation judgement and agreement followed for at least one year by each party

However, regardless of the grounds for a divorce, couples must meet New York’s residency requirements to legally terminate their marriage. Couples must meet the following criteria to get a divorce in New York:

  • Both spouses must be residents of New York when filing for divorce.
  • One or both spouses have continuously resided in New York for at least a year immediately after commencement.
  • During the year preceding the divorce case, either one or both spouses lived in New York, got married in New York, lived as a married couple in New York, or the grounds for the divorce occurred there.

If the dissolution of your marriage is imminent due to irreconcilable differences, please don’t hesitate to contact one of our knowledgeable and determined team members. You can count on our firm to advocate on your behalf throughout the divorce process.

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