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Simple English definitions for legal terms
irreconcilable differences
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A quick definition of irreconcilable differences:
Term: Irreconcilable Differences
Definition: Irreconcilable differences is a term used in family law to describe a situation where a married couple cannot get along anymore and want to end their marriage. It is one of the reasons that can be given for a no-fault divorce. This means that the court does not need to know what the differences are, and it can be as simple as one person wanting a divorce and the other not. Both parties do not need to agree to a divorce based on irreconcilable differences.
A more thorough explanation:
Definition: Irreconcilable differences is a term used in family law to describe a situation where a married couple has differences that cannot be resolved, and these differences are so significant that they make it clear that the marriage should be ended. This term is often used as a reason for a no-fault divorce, where neither party is blamed for the breakdown of the marriage. Different states may use different terms, such as incompatibility or irretrievable breakdown.
Example: In California, the Family Code Section 2311 defines irreconcilable differences as substantial reasons for discontinuing a marriage. This means that if a couple has differences that cannot be resolved, and these differences are significant enough to make it clear that the marriage should end, then the court can grant a divorce based on irreconcilable differences.
Example: In the 1972 California case of In re Marriage of Walton, the court ruled that both parties do not need to agree to a divorce based on irreconcilable differences. This means that if one party wants a divorce and the other does not, the court can still grant a divorce based on irreconcilable differences. This example illustrates that irreconcilable differences can be used as a reason for divorce even if both parties do not agree.