Define: Breakdown Of The Marriage

Breakdown Of The Marriage
Breakdown Of The Marriage
Quick Summary of Breakdown Of The Marriage

Definition:

Marital breakdown refers to the situation when a married couple is unable to maintain harmony and reach consensus, leading to the deterioration of their marriage. This can occur due to various factors and, in certain states, serves as the sole grounds for divorce. It signifies that the couple is unable to resolve their issues and continue their relationship.

Full Definition Of Breakdown Of The Marriage

The breakdown of a marriage occurs when a married couple can no longer live together due to irreconcilable differences or incompatibility. This is also referred to as irretrievable breakdown, irremediable breakdown, or no-fault divorce. For example, in many states, a couple can file for divorce based on the grounds of irretrievable breakdown. If a couple has been living separately for a certain period of time and there is no chance of reconciliation, they can file for divorce based on the breakdown of the marriage. This example demonstrates how the breakdown of the marriage can be used as a reason for divorce. In this situation, the couple has been living apart for a specific period of time, indicating that they are unable to live together. The breakdown of the marriage allows them to file for divorce without having to prove any fault or wrongdoing by either spouse.

Breakdown Of The Marriage FAQ'S

Yes, irreconcilable differences are a common ground for filing for divorce. You can consult with a family law attorney to guide you through the process.

The duration of a divorce case varies depending on the complexity of the issues involved and the cooperation of both parties. It can range from a few months to several years.

Factors such as the length of the marriage, the earning capacity of each spouse, their age and health, and the standard of living during the marriage are considered when determining alimony or spousal support.

Child custody decisions are based on the best interests of the child. Factors such as the child’s age, relationship with each parent, and their overall well-being are considered when determining custody arrangements.

Property division in a divorce is typically based on the principle of equitable distribution. This means that marital assets and debts are divided fairly, but not necessarily equally, between the spouses.

Yes, if there has been a significant change in your financial circumstances, you can request a modification of child support. It is advisable to consult with a family law attorney to guide you through the process.

A prenuptial agreement is a legal contract entered into before marriage that outlines how assets and debts will be divided in the event of divorce. Whether you should consider getting one depends on your individual circumstances and goals.

Yes, if you are a victim of domestic violence or abuse, you can seek a restraining order to protect yourself and your children. Contact a family law attorney or local law enforcement for assistance.

Legal grounds for an annulment vary by jurisdiction but commonly include fraud, bigamy, lack of consent, or inability to consummate the marriage. Consult with a family law attorney to determine if your situation qualifies for an annulment.

To protect your rights during a divorce, it is crucial to consult with a knowledgeable family law attorney who can guide you through the legal process, advocate for your interests, and ensure a fair resolution.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 25th April 2024.

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