What is Really Meant by Irreconcilable Differences in a New Jersey Divorce

There exist a number of different legal grounds upon which you can seek a marriage dissolution in the state of New Jersey. Among them is what legally are known as irreconcilable differences. Like many men and women, you likely have heard of the term “irreconcilable differences.” Indeed, you may have used it during everyday conversation outside of the confines of a divorce. If you are considering ending your marriage, you may have a sharper focus on coming to a clearer understanding of what legally is meant by this term.

In a New Jersey Divorce cases, irreconcilable differences mean an inability for the spouses to resolve issues in a manner that permits them the ability to continue to maintain a relationship as husband and wife. In other words, the state of the relationship between a married couple has reached such a state because of differences that have become irreconcilable that the objectives of marriage can no longer be met.

The reality is that a determination that a couple has reached a juncture at which their differences are irreconcilable rely on the unique facts and circumstances surrounding their marital relationship. There is not a rigid template that enumerates the elements of a relationship between spouses that has attributes of irreconcilability.

With that noted, there exists some more commonplace signs or symptoms that the differences between a married couple of degenerated to the point that these differences appropriately can be classified as irreconcilable. These include:

• Massive and seeming irretrievable breakdown in communication between the spouses
• Imbalance between an intimate homelife between the spouses and outside activities like work, spending excessive time with other family members and friends
• Lack of meaningful sexual intimacy between the spouses
• Failure to find common ground regarding finances
• Failure to reach compromises regarding issues associated with extended family members
• Increasing divisions regarding religious issues
• Increasing divisions regarding political matters

With surprising regularity when a spouse claims the existence of irreconcilable in an effort to obtain a divorce, the other spouse will argue or contend something to the effect of: “Our differences are not irreconcilable. I sincerely believe that our relationship can be repaired.”

At the risk of sounding cheeky, the stark reality is that perhaps nothing demonstrates irreconcilable differences that this:

One spouse contends the couple has differences that are irreconcilable while at the same time the other spouse maintains the relationship can be repaired.

Truly, this oftentimes occurring scenario is a glaring demonstration of differences that between a husband and wife have truly become irreconcilable.

One of the reasons why a divorce case is permitted to be brought based on a contention that differences between a couple have become irreconcilable. When this type of contention is made in divorce proceedings, neither party has to demonstrate that the other spouse was somehow at fault for creating a situation that warrants ending the marriage.

The theory is that when fault need not be demonstrated in divorce proceedings, divorce proceedings can become less contentious. In addition, the thought is that divorce proceedings can be concluded in a more expeditious manner when time doesn’t need to be spent presenting evidence surrounding the fault of another party. For example, when pursuing a divorce case, a party seeking a marriage dissolution based on fault doesn’t need to present what can be emotionally charged evidence on cheating and other matters of infidelity.

If you are heading towards a divorce case, or are already in a New Jersey marriage dissolution case, you best protect your primary legal rights by hiring a capable marriage dissolution lawyer. You can schedule an appointment with a divorce lawyer by calling the Law Offices of Peter Van Aulen at (201) 845-7400. We will schedule a free initial consultation with you to provide you a case evaluation and answer your questions. We can arrange a case evaluation with you any time that fits into your schedule.