What Does Irreconcilable Differences Mean in a Divorce? 

Relationships are complicated, especially when a marriage is being dissolved. Most people are familiar with the idea of ‘grounds for divorce’ without completely knowing what it means. At the Law Office of Vivien F Stark PC, we know that each divorce situation is unique. While irreconcilable differences may fit many situations without extreme conflict, you should feel confident in your decision. A New York City divorce attorney is vital in most divorce cases, but they are meant to advocate for you to meet your needs.

‘No-Fault’ Divorce

A ‘no-fault’ divorce or irreconcilable differences simply means that the marriage is no longer working, and no specific fault will be assigned. In New York, there are seven grounds for divorce, and irreconcilable differences have become one of them in the last twenty years. This type of divorce essentially means the marriage is broken beyond repair with no hope of being salvaged. There are many reasons someone may choose divorce under the grounds of irreconcilable differences, but some of them may include:

• Different values
• Financial disagreements or strain
• Lack of intimacy and connection
• Unfair division of labor
• Long-distance separation from work

To file for divorce in New York, one must meet certain requirements. The residency requirements for a New York divorce state that the parties must have lived in New York for a continuous period of at least two years. If that requirement is not met, they will also accept couples who have lived in the state for at least a year, were married in New York State, or lived in New York State as a married person.

Irretrievable Breakdown

New York law calls irreconcilable differences ‘irretrievable breakdown.’ According to New York divorce requirements, your marriage must have been over for at least six months to qualify for a no-fault divorce. Additionally, you must already have divorce arrangements, including a division of assets, child support, and custody agreements. These can be taken care of in mediation or with an attorney, but they must be settled before the judge will approve the final decree.

Uncontested Divorce

An uncontested divorce in New York may look similar to an irretrievable breakdown or no-fault divorce. This type of divorce is filed when an individual thinks their spouse is not likely to contest or fight it. In some cases, the other party may return and contest the divorce, which may become more complicated.

Your Interests in an Irreconcilable Differences Divorce

A no-fault divorce is generally amicable. Both parties can typically handle dividing assets, custody, and finances. However, it can still be an emotional experience that may leave you to make decisions or concessions that are not in your best interest for the sake of peace. In times like this, it may still benefit you to work with an attorney. The Law Office of Vivien F Stark PC can support your goal to negotiate and ensure a fair outcome for both parties while ensuring that you get what you need to continue to live your life.