Irreconcilable Differences: What Are They?

In Greenway v. Greenway, the Fourth Appellate Court considered whether an Orange County family law judge properly determined whether irreconcilable differences were sufficiently proven to justify a dissolution of marriage.

The parties were married for more than 48 years at the time that the husband filed for a legal separation. During the trial proceedings for a legal separation, the husband asked the court to amend his petition to a dissolution of marriage rather than a separation.

The trial court asked the husband during the proceedings if the husband thought that the marriage was irretrievably broken. The husband said, “yes.” The court then asked if any amount of counseling would help in the reconciliation of him and his wife. He said, “no.” The wife appealed stating that the husband did not provide sufficient evidence for the court to find that the parties could not reconcile.

The Fourth Appellate District Court held that the decision to terminate a marriage is purely subjective. As such, no evidence is required to prove that one party believes the marriage is past saving.

If you need legal advice and are looking for a family law lawyer in Orange County to address irreconcilable differences in the dissolution of a marriage or any other divorce matter such as legal separation, annulment, spousal support and/or property division, please consider our law office in your divorce attorney search. Trevino Law is located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Laguna Hills, California
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Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship.
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