Irreconcilable differences is the usual ground stated as the basis
for granting a divorce or dissolution in no-fault divorce states. It is
sufficient to establish irreconcilable differences if one party says the
marriage is irretrievable and refuses to reconcile.
The following is an example of a state statute involving procedures
for granting a divorce based upon irreconcilable differences:
"36-4-103. Irreconcilable differences - Procedure.
(a)
- In all divorces sought because of irreconcilable differences
between the parties, if the defendant is a nonresident, personal service
may be effectuated by service upon the secretary of state pursuant to the
provisions of § 20-2-215.
- In lieu of service of process, the defendant may enter into a written
notarized marital dissolution agreement with plaintiff that makes specific
reference to a pending divorce by a court and docket number, or states
that the defendant is aware that one will be filed in this state and that
the defendant waives further service and waives filing an answer to the
complaint. Such waiver of service shall be valid for a period of one hundred
eighty (180) days from the date the last party signs the agreement. The
agreement may include the obligation and payment of alimony, in solido
or in futuro, to either of the parties, any other provision of the law
notwithstanding. The signing of such an agreement shall be in lieu
of service of process for the period such waiver is valid and shall constitute
a general appearance before the court and answer which shall give the court
personal jurisdiction over the defendant, and constitute a default judgment
for the purpose of granting a divorce on the grounds of irreconcilable
differences.
- No divorce heretofore granted shall be invalid because the agreement
was signed and notarized or acknowledged prior to filing under prior law
before the action was filed.
(b) No divorce shall be granted on the ground of irreconcilable
differences unless the court affirmatively finds in its decree that the
parties have made adequate and sufficient provision by written agreement
for the custody and maintenance of any children of that marriage and for
the equitable settlement of any property rights between the parties. If
the court does not affirmatively find that the agreement is sufficient
or equitable, the cause shall be continued by the court to allow further
disposition by the petitioner. If both parties are present at the hearing,
they may, at that time, ratify any amendments the court may have to the
agreement. The amended agreement shall then become a part of the decree.
The agreement shall be incorporated in the decree or incorporated by reference,
and such decree may be modified as other decrees for divorce.
(c)
- Bills for divorce on the ground of irreconcilable differences
must have been on file for sixty (60) days before being heard if the parties
have no unmarried child under eighteen (18) years of age, and must have
been on file at least ninety (90) days before being heard if the parties
have an unmarried child under eighteen (18) years of age. The sixty-day
or ninety-day period bills for divorce which must be on file shall commence
on the date the original bill was filed and not on the date the bill was
amended to include the ground of irreconcilable differences.
- A divorce decree or order issued prior to March 22, 1996, in which
the hearing for such divorce occurred before the specified time periods
required by this subsection, shall remain valid and the parties shall remain
divorced. Likewise, all other issues resolved in the divorce decree, order
or agreement, such as distribution of marital property, alimony, child
support and custody, shall remain valid and in full force and effect.
(d)
- A bill of complaint for divorce where the respondent has
been personally served or acknowledged as set out in subsection (a), which
includes the ground of irreconcilable differences, may be taken as confessed
and a final decree entered thereon, as in other cases and without corroborative
proof or testimony, the provisions of §§ 36-4-107 and 36-4-114
to the contrary notwithstanding.
- For purposes of this section, "without corroborative proof or testimony"
means that the petitioner shall not be required to testify as to the material
facts constituting irreconcilable differences or any attempts to reconcile
such differences.
(e) If there has been a contest or denial of the grounds of irreconcilable
differences, no divorce shall be granted on the grounds of irreconcilable
differences. However, a divorce may be granted on the grounds of irreconcilable
differences where there has been a contest or denial, if a properly executed
marital dissolution agreement is presented to the court.
(f) Irreconcilable differences may be asserted as a sole ground
for divorce or as an alternate ground for divorce with any other cause
for divorce set out in § 36-4-101 or § 36-4-102."
Related Terms
Terms with 'Irreconcilable' or 'Differences'
