Affidavit Of Irretrievable Breakdown

NEW DELHI: Though 'irretrievable breakdown of marriage' is not a ground for divorce under the Hindu Marriage Act and Special Marriages Act, the Supreme Court has, in a significant ruling, said divorce can be granted if a marriage is totally unworkable, emotionally dead and beyond salvage.

In Florida, no-fault divorce means a spouse claims the marriage is irretrievably broken, which is an amorphous term that seems to mean the relationship can no longer work.

Under the Hindu Marriage Act, the basic grounds on which the Hindu women can seek the remedy of divorce are Adultery, Desertion, Conversion, Leprosy, Cruelty etc.

Proving Irreconcilable Differences Additionally, the couple must prove that their marriage is unable to be reconciled now, or at any point in the future. Lastly, the couple must show that the irreconcilable differences have lasted for at least six months.

With a joint petition, both parties must attest via a notarized affidavit that the marriage has suffered an irretrievable breakdown. With a complaint, the moving party must set forth a ground for the divorce, which can include the no-fault ground of irretrievable breakdown.

What is Irretrievable Breakdown? There is only one ground of divorce/dissolution which is that the marriage/partnership has broken down irretrievably. The court must be satisfied that this is the case and it must be evidenced by proving one of the five following facts: Adultery (only for divorce and not dissolution)

Fault Theory. Under this theory, marriage can be ended when one party to the marriage is responsible or liable for the offence under matrimonial offences done against another spouse. Mutual Consent. Irretrievable Breakdown. Adultery. Cruelty. Desertion. Conversion. Insanity.

Adultery, making the continuation of marriage intolerable; Acts that made the marriage physically or emotionally unsafe for a spouse; Abandonment by one spouse for at least six months prior to filing for divorce; or. Living in separate households for a long-term and continuous basis.

Legal Definition of irretrievable breakdown of the marriage : a broad ground for divorce that is predicated on the development of incompatibility between marriage partners and that is used in many states as the sole ground of no-fault divorce.