Compassionately Guiding Clients Through Divorce And Estate Planning

What is an irretrievably broken marriage?

On Behalf of | Jun 2, 2023 | Divorce

A marriage can have issues that can be solved through communication or therapy. But when can one end? If your marriage has irreconcilable differences or it’s irretrievably broken, you can decide to dissolve it.

Here is what you need to know about this matter:

Can it be saved?

If your marriage is beyond repair, which means you and your spouse disagree on a level that cannot sustain the union, it may be irretrievably broken. At this point, nothing can be done for you to reunite or co-exist in the marriage, leaving divorce as the only option.

Only one spouse needs to state the marriage is irretrievably broken to have grounds for a divorce, even if the other disagrees.

When should you file for divorce?

When you conclude your marriage has irreconcilable differences, you should inform your spouse and then file for divorce. Of course, it’s vital to be sure before doing this, as you don’t want to tell your spouse you want a divorce and then change your mind. However, it may also not be best to stay in a marriage that is not working longer, especially if you are unsafe.

Will the court ask for the reason for the divorce?

Stating your marriage is irretrievably broken is enough grounds for a divorce. This is a no-fault divorce type. You don’t need to prove blame or responsibility to dissolve the marriage. 

However, this does not mean you will automatically have a smooth experience, particularly if your spouse disagrees with your decision to end the marriage. Thus, you should be as prepared as someone going through fault divorce.

If your marriage is irretrievably broken, it can help to get legal help to make the right moves, protecting your interests.