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[7] However, some states use different terminologies for a marriage that breaks down. [7] The cause of the breakdown is legally termed as "irreconcilable differences" or "incompatible of temperament." [7] This breakdown occurs through no fault of the spouses, without blame to one another, and commonly represents grounds for divorce. [7]
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. [citation needed]
In the United States, each state has distinctive reference names for grounds for divorce. [4]All states recognize some form of no fault divorce. A no fault divorce can be granted on grounds such as irretrievable breakdown of the marriage, irreconcilable differences, incompatibility, or after a period of separation, depending on the state.
"The applicant's husband could have petitioned for divorce, submitting the irretrievable breakdown of the marriage as the principal ground, and not, as he had done, as an alternative ground," the ...
Image credits: AllYourShenanigans #5. Sounds like my cousin. She married a really decent seeming guy. When they got back from honeymoon, he presented her with a handwritten list of things she must do.
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Since 1975, the only ground for divorce is the irretrievable breakdown of the marriage, evidenced by a twelve-month separation. However, a residual "fault" element remains in relation to child custody and property settlement issues.
The following principles apply only to the dissolution of a common-law marriage in terms of the Divorce Act. To obtain a decree of divorce on the ground of the irretrievable breakdown of the marriage, the plaintiff must satisfy the court that the marriage relationship between the parties has reached such a state of disintegration that there is no reasonable prospect of the restoration of a ...