What is the legal impact of the new ground for divorce under irreconcilable differences?
The legal impact is that persons may now file for divorce without having to allege marital fault against their spouse, or await the expiration of eighteen months separation. The law will remove some of the animosity in a divorce. The great majority of cases are more vigorously contested with regard to such issues as custody, parenting time, alimony, child support and the equitable distribution of the marital assets. The new law is very beneficial because it is only in rare instances wherein egregious marital faults may be considered by the court to decide the outcome of the case. Marital fault is not a factor in the financial aspects of divorce, and in the equitable distribution of the assets. Moreover, even in custody cases, the fact that one’s spouse has committed marital fault is not a significant factor. Finally, the new law does not replace the other grounds for divorce such as adultery, desertion or extreme cruelty. If you have children with your ex-spouse then it is very importa
