The concept ofirreconcilable differences provides possible grounds fordivorce in the United States of America and Australia, among otherjurisdictions.
Australian family law uses ano-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.[1]
In theUnited States, this is one of several possible grounds. Often, it is used as justification for ano-fault divorce. In many cases, irreconcilable differences were the original and only grounds for no-fault divorce, such as inCalifornia, which enacted America's first purely no-fault divorce law in 1969.[2] California now lists one other possible basis, "permanent legal incapacity to make decisions" (formerly "incurable insanity"), on its divorce petition form.[3]
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 incharacter,personality,belief, or some otherpersonality trait. Some states use the termsirremediable 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]
 | Thislegal term article is astub. You can help Wikipedia byexpanding it. |
