Every couple has distinct reasons for getting married, but over time the things you once put up with or even liked can turn into reasons for getting divorced. It’s hard to accept when a relationship has reached an end, but sometimes two people are just too incompatible for a marriage to continue. California is a no-fault divorce state meaning one spouse need not prove that the other spouse did anything wrong in order to get a divorce. A common question is, “In a no-fault state, like California, what are the grounds for divorce? This leads us to the most common answer: irreconcilable differences.
What are irreconcilable differences? The definition recognized by the state of California is, “grounds determined by the court to be substantial reasons for discontinuing the marriage and which make it apparent that the marriage should be dissolved.”
These “substantial reasons” are left vague to allow for a variety of relationship situations.
Irreconcilable differences can be claimed under a variety of circumstances but there are some common reasons that a survey of divorcees identified as contributing to the decline of a marriage. One typical difference that gets cited is problematic involvement with extended family or outside friendships. Issues with communication, intimacy, the division of finances, and chores can also issues that can cause significant tensions in a marriage. Perhaps work/life balance is driving a wedge between a couple, or significant debts have put a strain on the family. Furthermore, political opinions and personal philosophies around religion or raising children have also been considered under the grounds of irreconcilable differences.
Benefits of a No Fault Divorce
The purpose of no fault divorce based on irreconcilable differences is to remove some of the emotion that arises when parties must prove that one spouse is at fault for the divorce. Being able to state that irreconcilable differences are grounds for divorce in California allows couples to have the freedom to end a marriage that is unsustainable without having to prove they suffered cruelty, abandonment or adultery. It cuts down on hositilities and prolonged legal battles that ensue when a spouse has to prove the other committed wrongdoing. And often the length and cost of the divorce is significantly less than in states that are “at-fault divorce states”.
Other Considerations
The list of irreconcilable differences is too long to transcribe in full and couples discover new reasons to get divorced every day. It may seem like you can get divorced for virtually any reason if you claim irreconcilable differences, which might have you wondering if there are any bad reasons to get divorced.
Obviously there are other issues to consider when divorcing such as the marriage having a negative impact on your children or a lack of financial means to support the family. A marital counselor can assist in helping to resolve your issues. And while no-fault divorce cuts down some time and expense the courts still see extensive legal battles regarding child custody, child support, spousal support and division of assets. Additionally, there are laws that still considered factors such as a spouses purposeful intent to hide assets, domestic violence or criminal convictions when it comes to the division of property or award of support.
The best place to start is by consulting with an attorney to better understand your rights and to put together a strategic divorce plan. When you are ready, contact the Buncher Family Law Firm. Their law firm understands California’s no-fault divorce system and how it affects property division, business assets, child custody and other marital assets and issues. With divorce attorneys who are skilled, competent and honest they can lead you through your entire divorce, whether that requires courtroom litigation or an alternative method of dispute resolution.