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Various Forms of Irreconcilable Differences

An irreconcilable difference refers to any situation occurring between two married spouses where neither side is able to agree on a mutual decision to correct an issue. In divorce law, these types of differences can also be classified as:

  • Irretrievable breakdown
  • Irremediable breakdown
  • Incompatibility

An average of 60 percent of marriages is terminated on the grounds of irreconcilable differences. In several states, including California, filing for divorce under this reason is accepted, mostly in cases where the divorce is labeled as “no-fault”. A major misconception regarding these differences is that some assume that this label indicates that a couple is refusing to try and work through any differences that arise in their marriage. Although this does happen at times, in most situations, a couple has tried everything possible to settle their differences but has been unable to do so.

Divorce Rate Averages in the United States

The divorce rate in the United States has averaged around 50 percent in recent years. Nevertheless, most people are still unaware of the basic facts surrounding divorce law. In a divorce consultation, a lawyer will help those considering this legal option to understand likely outcomes regarding child support, child custody, and distribution of assets, among other things. Prior to filing a divorce claim, it is extremely important to consult an attorney in order to have any questions you may have answered and to make the process easier and less troublesome.

How Common Is Divorce?

Divorce in the United States is extremely common, though in recent years the divorce rate has seen a slight decline. People may choose to divorce for a wide number of different reasons, including:

  • Infidelity
  • Financial difficulties
  • Spousal abuse
  • Irreconcilable differences

Of all divorces, nearly 90 percent are uncontested, meaning that the terms are agreed on by both parties.

We Can’t Agree On Anything, Now What?

It isn’t uncommon for a couple seeking a divorce to fail to come to an agreement on how to go forth with the process. An attorney specializing in this field will make that process easier for both. Regardless of the specific circumstances in which you find yourself, a talented divorce attorney can help.

Common Sources Of Irreconcilable Differences

Differences that can strain a marriage to the point of ending the relationship may include any of the following:

Financial problems such as mounting debts, difficulty paying off debts, or excessive spending, i.e. splurging
Issues regarding trust, especially following instances of infidelity or a spouse discovering information that had not been disclosed, i.e. a spouse keeping the existence of a child from a previous relationship a secret
Emotional conflicts, which can stem from such things as domestic violence
Long distances or durations of separation which are usually seen when one spouse is constantly traveling due to work commitments

If two parties are unable to agree to settle differences that have put a strain on their marriage, divorce may be the only option. In some separations, feelings of anger or resentment may result. However, it’s important to remember that divorce is not about revenge or making the situation purposely difficult for the other spouse. Rather, it’s about settling differences and reaching a mutually beneficial outcome.

Speak with a San Marcos Divorce Lawyer

If you or a loved one is involved in family law litigation or a divorce case with child support, custody, or visitation issues, and need legal representation, don’t hesitate to contact the Fischer & Van Thiel Family Law Firm of San Marcos at (760) 757-6854 today to get solid legal advice and a professional divorce lawyer consultation.