Causes of Divorce
Most states require the official cause of divorce to be plead as "irreconcilable differences." This generic
term is intended to avoid unnecessary and/or unsubstantiated allegations from cluttering the public record.
According to family law attorneys, the most common reasons stated by clients who are seeking dissolution
are: poor communication, financial difficulty, lack of commitment (including infidelity), and changed
priorities. Less common: failed expectations, addiction, abusive (physical, sexual, emotional) behavior,
and poor conflict resolution skills.
Note when filing:
The effect of dissolution of marriage, property distributions, and child support requirements are
unique to each state because of variations in decisions rendered by courts. As new divorce cases are decided, new precedent
establishes variations in each application. For this reason, everyone considering filing should consult local
lawyers. Best results are obtained through careful planning with legal counsel before deciding on any course
of action. Also be aware that filing generates a permanent public record. These records are rarely withdrawn absent
exceptional circumstances. Public records are available to anyone who asks.
A primary consideration behind the development of new laws revolves around children of the marriage.
Children are typically not represented by lawyers in court proceedings, yet are considered, as a matter of judicial
policy, to protect their overriding interest in the outcome. The needs of children financially,
socially, parentally and educationally are all highly valued and are the joint responsibility of parents.
Courts are charged with responsibility to protect all interests of children in
court despite parental agreements to the contrary.
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