A common term in California divorce proceedings is “irreconcilable differences.” What does this mean, and how does it apply to your divorce? Keep reading to learn the answer from our San Bernardino divorce lawyers.
Defining Irreconcilable Differences
According to California law, irreconcilable differences mean that the couple cannot get along. Their marriage can no longer go on because the problems between the spouses are too complicated to be resolved, and the marriage cannot be maintained. Essentially, staying together isn’t in their best interests.
Examples of Irreconcilable Differences
There are many forms of irreconcilable differences. Some common examples include:
- The spouses no longer trust each other
- There are financial issues like debt
- Intimacy problems
- Lack of contribution to the family household
- Drifting tensions with each other or the spouse’s in-laws
- Clash of personalities
No-Fault Divorce in California
California is considered a “no-fault” divorce state, meaning all divorces are considered to be no-fault in California. Due to this, the spouse asking for a divorce is not required to prove that the other spouse did something wrong in order to file for divorce.
In other states, where fault-based divorces are legal, the couple would have to state the reason for divorce. Since California doesn’t require fault-based grounds, irreconcilable differences are stated as the reason for the divorce.
This means it doesn’t matter if one spouse did something explicitly wrong, like have an affair, that led to the couple filing for divorce. The court will not punish the guilty party by awarding them less property or by making them pay more in alimony.
Do I Need a Divorce Lawyer?
In some divorce cases, the couple with irreconcilable differences are able to settle the terms of their divorce amicably. Other times, the couple cannot work together to resolve their divorce settlement because their differences are more contentious. This is common when children are involved, in high-asset divorces, and when one spouse perceives the other as acting wrong during the marriage.
In both contested and uncontested divorces, it’s essential to work with a San Bernardino divorce lawyer. At Law Office of Michael R. Young, our attorneys will help you negotiate a fair divorce settlement while keeping your best interests in mind.
Need help with your San Bernardino divorce? Call our team today at (909) 315-4588.