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Dispute over Irretrievable Breakdown

Quick Facts

Whether the marriage is irretrievably broken is a question for court determination.
Spouses must live apart for 180+ days.

If one of the spouses denies that the marriage has suffered an irretrievable breakdown, the court will consider all of the relevant factors, including the circumstances that gave rise to the commencement of the proceeding and the prospect of reconciliation, and will make a finding of whether the marriage is irretrievably broken, which is the precursor to divorce.

A finding of irretrievable breakdown is a determination by the court that there is no reasonable prospect of reconciliation. The finding must be supported by evidence that the spouses have lived separate and apart for a period of at least 180 days immediately before the divorce proceeding, or that there is serious marital discord adversely affecting the attitude of one or both of the spouses toward the marriage.