No-Fault Divorce

A divorce may be based upon proof that the marriage is irretrievably broken, meaning that irreconcilable differences exist. This is known as an irreconcilable differences divorce. However, this type of divorce is only available if both spouses agree to get divorced. Either spouse may block an irreconcilable differences divorce by refusing to agree.

Requirements

Personal Jurisdiction — The court must have personal jurisdiction over the parties, which is shown by filing a joint complaint.
Consent — Both parties must voluntarily consent to a divorce based upon irreconcilable differences. Consent can be withdrawn before the divorce is final.
Timing — A complaint for irreconcilable differences must be on file for sixty days before a divorce can be granted.
Submission Requirements — Parties can agree to all divorce terms and submit the agreement to the court for approval. They can also agree to a divorce for irreconcilable differences but reserve specific issues for resolution by the court. The agreement must be in writing and follow statutory guidelines.
All Matters Must Be Resolved — All matters, including custody, child support, and property rights, must be agreed upon and found adequate before a divorce is granted. All disputed differences must be resolved by the court before the divorce.
Proceedings — No proof or testimony is necessary in a joint complaint on irreconcilable differences. If attorneys are involved, they must appear to obtain approval and respond to any questions.
Judgment — Unlike in a contested divorce action, a court is not required to make specific findings of fact. The court must only find that the provisions are sufficient.