Filing for divorce on grounds of irreconcilable differences

On Behalf of | Mar 18, 2024 | Divorce |

Marriage requires dedication. Experiencing ups and downs is part of the journey. Sometimes, disagreements even strengthen the bond between two individuals. However, there are instances when marital issues become too great to overcome.

Despite best efforts, these disagreements can become overwhelming, leading to what New Jersey law recognizes as a valid ground for divorce: irreconcilable differences.

Requirements for these grounds

In New Jersey, you can file for divorce due to irreconcilable differences. But it’s not as simple as just claiming you and your spouse can’t get along. The law requires that these differences have caused your marriage to break down for at least six months, and there’s little hope for mending the relationship.

The key here is that the differences must be “irreconcilable.” They can’t just be ordinary disagreements or arguments common to all couples. These are serious, fundamental issues that have led to the ultimate demise of your marriage, which neither you nor your spouse can fix anymore.

Proving these differences

The court needs to see evidence of these irreconcilable differences. This doesn’t necessarily mean you have to provide specific details about your disagreements. Instead, you need to demonstrate that you and your spouse have been at odds over fundamental issues for at least six months, and it’s unlikely that the two of you will ever reconcile.

It can be complex to prove irreconcilable differences because you often need to tell the story of your marital issues and show that you tried, but failed, to resolve them. This is where consulting with a lawyer can be beneficial. A lawyer can guide you through the process, help you understand what kind of evidence you need to provide and how to present it in court.



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