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Is divorce based on irreconcilable differences right for me?

On Behalf of | May 2, 2024 | Family Law

Tennessee family law cases will inevitably vary as to how a couple made the decision to divorce. With that in mind, there are options available based on the circumstances. In situations where there were issues that precipitated the end of the marriage, the parties can strive to prove that in court. Adultery or abandonment are examples.

However, in some instances, the parties simply want to end the marriage and move on. There might not be hard feelings and they are not looking for an extended dispute. In such cases, it might be preferable to file for divorce based on irreconcilable differences. Understanding the law can be beneficial with moving forward quickly and efficiently.

There are basic requirements for divorce due to irreconcilable differences

For some couples, there is a simple acknowledgment that the marriage is no longer working and they want to end it and move on. It can happen to people at any age and whether it is a short, moderate or long-term marriage. This is when irreconcilable differences might be the preferable strategy. They might have tried everything they could to salvage the marriage, but nothing worked.

A key with this type of divorce is to formulate agreements on the basic issues that are frequently in flux when a couple parts ways. Property division could be a challenge for some couples. In a case where the sides are using this option, they could decide to share marital property evenly, trade some property in exchange for other property, or sell items and split the proceeds. A marital home could be enormously valuable. If one wants to retain it, they can buy out the other and keep it.

The same is true for spousal support and issues related to children. The court will heavily scrutinize any agreement regarding custody, parenting time and child support. But if the parties are trying to craft a fair settlement, they can discuss matters and negotiate to reach an amicable resolution. There is a 60-day waiting period for couples who do not have minor children and want a divorce based on irreconcilable differences. If they have children, it will be 90 days.

The fundamental factor in this kind of divorce is that the parties need to agree to it. If one person files for divorce and the other contests the case, then it will be heard and decided upon based on the other grounds for divorce such as impotence, addiction, abandonment, adultery, one person being convicted of a crime and cruel or inhuman treatment.

The circumstances dictate how a divorce will go

People need to honestly assess their issues and goals when they decide how to proceed in their divorce case. For some, irreconcilable differences as the justification to end the marriage is not feasible.

In others, they can file using this method or even consider a different type of divorce such as collaborative divorce where all issues are negotiated with help from an experienced professional and they can construct a workable plan everyone can live with.

Regardless, it is essential to understand the law and know what is suitable. This is a crucial part of any family law case whether they are on good or poor terms.