Many in Richmond may view the concepts of a “no-fault” divorce and grounds for divorce as being conflicting. Family courts do indeed require that a reason be given as to why a couple (or at least one member of a couple) wants a marriage to end. Yet in many cases, irreconcilable differences is cited as the reason. Irreconcilable differences indicate that a relationship is irretrievably broken, and that no amount of intervention will repair it. The no-fault concept comes into play in that no one party must be at fault for that breakdown.
Of course, there will be instances where the actions of one party to a marriage may indeed be cited as having contributed to its decline. Take the case of a former city council member from Connecticut whose wife recently filed for divorce. The man is currently facing stemming from an extramarital affair he had with a teenage girl over the course of several years. His wife left him and moved to another state shortly after news of his crimes became public. In her petition to the court, she brought up the fact that their marital relationship was indeed broken and had essentially ended the moment she moved out with the couple’s two daughters. She is asking for child support and to have her last name legally changed back to her maiden name.
While a couple often unknowingly collaborates in creating irreconcilable differences between them, some actions may be viewed as contributing to them more than others. The court may consider this when determining obligations such as child support and alimony. One wanting such factors considered in their case may want to work with an attorney to ensure that they are.
