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The only ground for divorce is the irretrievable breakdown of the marriage.
We were looking at what in the divorce courts would be called an irretrievable breakdown of the marriage.
The circumstances that will lead to a finding by the court that there is an irretrievable breakdown of the marriage are:
They gave the reason for their split as "irretrievable breakdown of the marriage" with "no chance of reconciling our differences".
Irretrievable breakdown of the marriage.
A no fault divorce can be granted on grounds such as irretrievable breakdown of the marriage, irreconcilable differences, incompatibility, or after a period of separation, depending on the state.
In the 1960s (sometimes castigated as an age in which morality was abandoned), Parliament decided to introduce a single, morally neutral ground for divorce, namely the irretrievable breakdown of the marriage.
If the parties have not lived together as husband and wife for a period of one year and both parties consent to the divorce then this establishes an irretrievable breakdown of the marriage.
If the pursuer establishes an irretrievable breakdown of the marriage on grounds of adultery or behaviour then they can obtain a divorce immediately, while the other grounds require some period of prior separation.
If the defender does not consent to the divorce, then the pursuer will only be able to establish an irretrievable breakdown of the marriage once the couple has not lived together as husband and wife for two years.