Seeking divorce on the grounds of irretrievable breakdown takes place when the spouse cannot possibly reconcile their marriage. This reason is also valid if one of the spouse claims irrevocable differences and the other one does not contradict these claims. But if either of the spouses denies, then the court will hold another hearing after 30 to 60 days before deciding on the final status of the marriage.
Spouses may opt to end their marriage on the basis of irrevocable differences to avoid further antagonism in the marriage. Courts do not necessarily require partners to prove wrong doing; partners only need to agree that the state of their marriage is not beneficial to either of them. Some factors contributing to such a state may include resentment, differing interests, personality conflicts, distrust and prolonged physical separation.
A no-fault divorce may be the final result of an irrevocable differences claim. Various states such as New York have allowed partners to take up this option of divorce. It is generally considered to be less antagonistic because both parties usually agree to the divorce. Seeking a non-fault divorce also means that the partners are legally prevented from living with each other as a couple. They can, however, share financial responsibilities especially when there are minors involved.
In some states, spouses filing for a no-fault divorce and on the ground of irreconcilable differences may be required to have lived apart for some months or years. The partners go through the usual divorce proceedings to obtain the final divorce. An out-of-court settlement is possible if there are no contentions. A separation agreement is signed by both partners to legally bind them to their obligations such as child support.