The concept of irreconcilable differences provides possible grounds for divorce. Prior to the enactment of California’s no-fault divorce rule, the moving party in a divorce was a plaintiff who charged the other spouse, as a defendant, with being “at fault” for the divorce for reasons such as adultery, abuse, etc. California, which enacted America’s first purely no-fault divorce law in 1969, irreconcilable differences were the original and only grounds for no fault divorce.
Since California is a no-fault divorce state, it only takes only one spouse who wants to file a divorce. If the other spouse does not want to divorce, there is little they can do other than try to delay the divorce through legal maneuvering, which may expose them to attorneys’ fees for their unreasonable conduct.
With no-fault divorce, a judgment of dissolution of marriage may be granted simply based on irreconcilable differences. Irreconcilable differences are defined in California as “those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved”. Any sort of difference between the two parties that either cannot or will not be changed can be considered irreconcilable differences.
Just what grounds will a court determine to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved? To meet the statutory requirements, there must exist “substantial marital problems which have so impaired the marriage relationship that the legitimate objects of matrimony have been destroyed and as to which there is no reasonable possibility of elimination, correction or resolution.”
If you have a question regarding Family Law in California please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in California. After you have spoken with our California Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.