What are irreconcilable differences in a divorce?


Unfortunately, not all marriages work out. Couples may seek divorce for several reasons. Due to certain circumstances, marriages simply no longer work and marital issues cannot be resolved. When this is the case, couples must cite irreconcilable differences as their grounds for divorce. Irreconcilable differences can only be cited for an uncontested divorce. If you are seeking a divorce due to irreconcilable differences, contact a determined Memphis, Tennessee Uncontested Divorce Lawyer who can help you with your uncontested divorce.

Can a couple file for divorce on the grounds of irreconcilable differences?

In Tennessee, couples can only file for a divorce on the grounds of irreconcilable differences if they have settled all pertinent marital issues in regards to their divorce agreement. In simple terms, irreconcilable differences refers to divorces where there is no one party is to blame. When citing irreconcilable differences, the following must be previously sorted and mutually agreed upon:

  • Property division
  • Child support
  • Child custody
  • Alimony

If a couple can reach an agreement on all of the above, they can pursue an uncontested divorce. When a couple seeks a divorce they can either file a contested or an uncontested divorce. A contested divorce is when both parties cannot agree on all major issues or terms that will apply to the termination of their marriage. An uncontested divorce is when a couple already agrees on all major issues pertaining to divorce. An uncontested divorce allows couples to cite irreconcilable differences if the marriage is beyond repair and no one spouse is to blame for the cause of the divorce.

What grounds are acceptable for an at-fault divorce?

As mentioned above, irreconcilable differences can only be cited in an uncontested divorce. However, for an at-fault divorce (contested divorce), couples must cite one of the following grounds:

  • Adultery
  • Bigamy
  • Impotence
  • Imprisonment (felonious conviction)
  • Substance abuse
  • Cruelty and inhuman treatment
  • Desertion for one year
  • Abandonment
  • Two years of separation (living apart)
  • Lack of reconciliation for 2 years after separation
  • Pregnancy with another person outside of marriage
  • Attempted murder of the other party

How long do divorces take in Tennessee?

Regardless of whether a divorce is contested or uncontested, a divorce petition must be filed with the courts. Once it is filed, regardless of the grounds, the divorce case can be tried either 60 or 90 days after filing. Uncontested divorces that cite irreconcilable differences take a substantially shorter time to finalize than a contested divorce. Contested divorces can take a year or more. Uncontested divorces save couples a significant amount of time and money. Uncontested divorces typically skip litigation because both parties have already reached a mutual agreement on the terms that will apply to the termination of their marriage.

In the unfortunate event that your marriage is no longer working due to irreconcilable differences, please don’t hesitate to reach out to one of our trusted and skilled team members. Our firm is committed to helping our clients achieve favorable results.