Family Law

Grounds for Divorce: Incompatibility

In most states, a spouse may get a no-fault divorce based on a breakdown of the marriage. Some states refer to this breakdown of a marriage as incompatibility.

Incompatibility is a statement about the condition of the marriage, and it doesn't mean that either spouse has specifically done something wrong. A claim of incompatibility means that the couple has personality conflicts that are so severe that married life is impossible and that the marriage probably should not have taken place.

You will not need to prove that your spouse was to blame for the failure of your marriage to get a no-fault divorce based on incompatibility. A court may grant you a divorce if it finds that you and your spouse can no longer live together due to your incompatibility.

Factors considered in determining a marriage breakdown or incompatibility may include the following:

  • Conflict of personality
  • Whether there is mutual concern for the emotional needs of each other
  • Whether the marriage is characterized by financial difficulties
  • Long physical separation
  • Difference of interests
  • Resentment
  • Distrust
  • Constant bickering
  • Irreversible antagonistic feelings

If you and your spouse cannot get along anymore and you think the marriage is over, you may want to consult a divorce attorney. Also, an attorney can make sure that you completely understand the available grounds for divorce in your state as well as any legal consequences.

Questions for Your Attorney

You may want to ask your attorney the following questions:

  • How much experience do you have with divorce cases that are based on incompatibility?
  • Do you have references that I can contact, preferably divorce case clients?
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