Irreconcilable Differences — Defined
If you and your spouse want to divorce, you are required to have a legitimate reason (grounds) for ending your marriage. Granted, a court would never force two people to stay together when they do not want to be or should not be together. But you must have a logical reason to end your marriage. Irreconcilable differences is one form of acceptable grounds.
You’ve likely heard this legal term thrown around a million times, but what do irreconcilable differences mean, exactly?
It’s not your fault, and it’s not my fault, either
When a couple says they have irreconcilable differences, they are telling the court that through no fault of either party, the marriage has reached a point where it cannot be saved. Neither party has engaged in any conduct that would constitute an at-fault divorce, such as adultery, abandonment, or abuse. They simply can no longer live in peace together.
Just a few examples of irreconcilable differences couples may cite include:
- Personality conflicts
- Excessive discord or conflict
- Lack of intimacy
- Financial problems
- Political views
- Challenges with family
- Lack of communication
While it is not possible to file for divorce on the grounds of irreconcilable differences in every state, it is a sufficient reason for divorce in Texas.
Grounds for divorce
We briefly mentioned above a few acceptable grounds for divorce other than irreconcilable differences. Here is a little more explanation of each:
If you and your spouse have not lived together for at least 36 months, you have grounds for a divorce.
Confinement in a Mental Hospital
If either of you have been in a mental hospital for at least three years, the court can legally grant a divorce if it appears that the spouse’s mental disorder is of such a degree and nature that the spouse is not likely to adjust, or that if the spouse does adjust, a relapse is probable.
The court can grant a divorce if it determines that your spouse is guilty of cruel treatment towards you that has made living together not an option.
If you cheated on your spouse, the court considers that grounds for divorce.
Conviction of a Felony
If your spouse has been convicted of a felony during the course of your marriage, has been imprisoned for at least 365 days, and has not been pardoned, the court can grant a divorce.
If a spouse has left for a period of one year or more or has left with the intent to abandon, then divorce can be granted.
Call Nelson Law Group today!!
If you want to file for divorce, or you are concerned your spouse is considering divorce, it is important that you understand not only your legal rights but also the process. Give our knowledgeable staff here at Nelson Law Group, PC a call if you have any further questions regarding this – or any other – issue. Our staff is always available.
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