What Is an Irretrievable Breakdown of Marriage?

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couple experiencing differences

When you say “I do” on your wedding day, you likely aren’t envisioning that you and your spouse will get divorced. After all, you might not marry them if you thought this was a possibility. However, issues do occur and can lead to the irretrievable breakdown of marriage. These are considered no-fault divorces in New York, as neither party is responsible for the dissolution. Keep reading to learn more about this process and how a Suffolk County divorce attorney can help you.

What Are Examples of an Irretrievable Breakdown of Marriage?

As previously mentioned, irretrievable differences are fundamental disagreements in the marriage that affect how the union functions. Unlike “at-fault” divorces, where one spouse commits adultery or abandons their partner, neither spouse can be held responsible for the divorce.

One of the major issues many couples face that leads to an irretrievable breakdown is a lack of sexual or emotional intimacy. When you get married, holding hands, cuddling, and spending intimate time together are crucial for many marriages. Similarly, ensuring you feel loved, respected, and heard in your relationship is essential. Though short periods without intimacy are normal, when it is gone for extended periods, it can lead to resentment, insecurity, and divorce.

Also, many couples often experience a massive breakdown in communication. The ability to speak to each other and discuss issues in a civil and adult matter is crucial to the relationship. However, if you find that you and your partner avoid bringing up issues or trying to resolve problems, this is a sign that the emotional attachment is deteriorating. This is an irreconcilable difference, as your prioritization of communication is not on the same level.

Finally, fundamental disagreements on issues such as religion, politics, and finances, can break a marriage. This is because these issues are practical and necessary, and when they become hotly contested issues, they can lead to resentment and anger that only grow with time.

Do I Need a Lawyer?

When you file a divorce on the grounds of irretrievable differences, ensuring you have an attorney present is essential to making the process as smooth as possible. While your spouse does not have to agree to file a divorce, they may have issues with the divorce agreement. This is the document outlining the terms and conditions of the dissolution of your marriage, such as alimony, child support, and the distribution of assets.

If you’re going through a divorce, Peter V. Mandi & Associates can help. We are dedicated to protecting your best interest and ensuring the transition into the new chapter of your life is as seamless and stress-free as possible. Reach out today to set up a free consultation to discuss the details of your divorce case.

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