Puja Sachdev | February 1, 2024 | Divorce
Marriages end for a variety of reasons, be they cases of adultery, abuse, or desertion. But sometimes, the reason is nothing more dramatic than two people simply growing apart. Situations like these are typically referred to as a “no-fault” divorce, as neither party is being blamed for the breakup.
Another term that’s commonly used when neither party is at fault is “irretrievably broken.” This is another way to say that both spouses want the marriage to be over, and neither one (officially) places the blame for the dissolution of the marriage on the other.
3 Common Reasons For Stating That a Marriage Is Irretrievably Broken
California ranks among the ten states with the lowest divorce rate, according to the World Population Review. While that may sound like encouraging news, every divorce is a serious and painful life event for the families that are experiencing the effects of the separation.
In most cases, stating a relationship is irretrievably broken is adequate for filing for divorce. However, sometimes, it may be necessary to prove that the spouses have been separated for a long enough time or provide evidence showing that efforts to reconcile have failed.
With that said, three reasons that can be cited for claiming a marriage is irretrievably broken are as follows:
1. Marital Misconduct
Stating that a marriage is irretrievably broken does not always mean there was no misconduct. Irretrievable breakdowns may be cited when misconduct, such as adultery, is hard to prove – or when the injured spouse prefers not to dredge up painful details for divorce proceedings and to keep them as simple as possible.
2. Breakdown of Communication
When couples become unwilling or unable to communicate, it is a sign that their marriage is in trouble. If these communication issues aren’t resolved, the relationship will likely end.
Toward the end of a marriage, couples may avoid communicating about almost everything. In these cases, there may be no single person or reason to lay the blame on, but the marriage is irretrievably broken.
3. Lack of Intimacy
Experts define intimacy as a state of extreme emotional closeness. Therefore, the lack of intimacy, whether as a sexual or emotional connection, is an early sign that a relationship is not healthy.
When intimate behaviors like showing affection or connecting through conversation are no longer present and cannot be rekindled, a couple may decide to end their marriage on the grounds that it is irretrievably broken.
Do Both Spouses Have To Agree To an Irretrievable Breakdown For a No-Fault Divorce?
It is not necessary for both spouses to agree that their marriage is over for one party to move forward with divorce proceedings. If a spouse does not attend court to contest the divorce on the specified date, the petitioner may be granted a default judgment.
Divorce mediation with a trained intermediary can help the procedure go more smoothly, and the process can be especially useful for issues such as:
- Child custody
- Child support
- Spousal support
- Property division
- Division of finances
California divorce law does not require a period of formal separation before a divorce. However, you must wait six months from the date that either party is served with a divorce petition before the divorce can be finalized.
What If You Reconcile During Divorce Proceedings?
Until a divorce is finalized, the person who filed for divorce maintains the option to cancel the filing. But if you cancel only to decide then to get divorced, after all, you must start the filing procedures over again.
Contact Our Divorce Law Firm in San Diego, CA
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
