Irretrievable Breakdown

An irretrievable breakdown in marriage occurs when neither spouse is willing or able to reconcile, they are not willing to live together, their relationship has been destroyed, and there is no hope that either spouse will continue their “spousal duties.” Both parties also agree that there are no means for continuing the relationship and are not willing to seek therapy, counseling, or a trial separation.

Action for divorce irretrievable breakdown

To file for divorce under the grounds of an irretrievable breakdown one of the following must occur: a petition must be signed by both parties and their lawyer, a sworn affidavit must be executed, or a notarized separation agreement must be executed.

The court will hold a hearing within a specified time period and determine if an irretrievable breakdown has occurred and determine what must be done for spousal support and spousal maintenance, separation of property, child support and custody arrangements.

State laws do not require courts to consider marital fault for divorce. But some states like New York, for example, will not grant a divorce under the grounds of irretrievable breakdown until the couple has been separated for a specific amount of time. If the state’s laws for separation have been met, however, irretrievable breakdown of marriage allows one party to file for divorce without the agreement of the other spouse.

Grounds for divorce

Irretrievable breakdown of a marriage is just one of several grounds for divorce including cruel and inhuman treatment; abandonment for one or more years; imprisonment for three or more years; and adultery. States also have instituted no-fault divorce grounds which can include living separate for at least one year with a separation agreement, a decree by the court, or an irretrievable breakdown of the marriage for a period of at least six months.