Nebraska couples who are experiencing challenges in their marriage may decide that the wisest course of action is to get a divorce and move on. In a best-case scenario, the sides will amicably part ways, come to a reasonable settlement of all family law issues and end the marriage. However, many cases are complex and there is disagreement over support, child custody, property division and other issues. In a divorce, understanding certain terms and how they factor in with the case is key. One term is the irretrievable breakdown of the marriage.
Key parts of an irretrievably broken down marriage
Depending on the circumstances and the parties’ position as to whether they want to get a divorce or believe the marriage can be salvaged, the claim that the marriage is irretrievably broken can be essential. When both sides agree that the marriage cannot be saved and is irretrievably broken or one side says it is irretrievably broken without disagreement from the other party, then the court will analyze the case and make its own determination. If one side denies that the marriage is irretrievably broken, then the court will assess the case more deeply. That will include considering various factors including why the complaint was filed and if there is a chance at reconciliation.
The court can allow a divorce without a hearing after at least 60 days have passed in the following circumstances: both sides waive the need for a hearing and the court decides it has personal jurisdiction and subject matter jurisdiction; both sides have stated in writing that the marriage has had an irretrievable breakdown, they tried to reconcile and failed, and all documents necessary were filed with a written agreement.
When contemplating divorce, it may be useful to have legal advice
Irretrievable breakdown of the marriage is deemed one of the easiest ways to get a divorce. In many cases, that is true. Still, there are requirements that must be met even if the parties say there is no hope of reconciling and their presented reason is that the marriage is irretrievably broken. For help with a divorce for this of any other reason as well as assistance with other aspects of family law, consulting with an experienced legal professional may be beneficial.