The concept of irreconcilable differences provides possible grounds for
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
in the United States of America and Australia, among other
jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s.
Australia
Australian family law uses a
no-fault divorce approach, and irreconcilable differences is the sole grounds for divorce, with adequate proof being that the estranged couple have been separated for more than 12 months.
United States
In the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, this is one of several possible grounds. Often, it is used as justification for a
no-fault divorce. In many cases, irreconcilable differences were the original and only grounds for no-fault divorce, such as in
California
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
, which enacted America's first purely no-fault divorce law in 1969.
California now lists one other possible basis, "permanent legal incapacity to make decisions" (formerly "incurable insanity"), on its divorce petition form.
Any sort of difference between the two parties that either cannot or will not be changed can be considered an irreconcilable difference. A difference could be that of a difference in
character,
personality
Personality is any person's collection of interrelated behavioral, cognitive, and emotional patterns that comprise a person’s unique adjustment to life. These interrelated patterns are relatively stable, but can change over long time per ...
,
belief
A belief is a subjective Attitude (psychology), attitude that something is truth, true or a State of affairs (philosophy), state of affairs is the case. A subjective attitude is a mental state of having some Life stance, stance, take, or opinion ...
, or some other
personality trait. Some states use the terms
irremediable breakdown,
irretrievable breakdown, or incompatibility. In some states where the official grounds is 'irreconcilable differences', the statutory definition of that term may include a waiting period or a mutual-consent requirement.
References
Divorce
Family law
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