What Are “Irreconcilable Differences,” Anyway?

We’re sure you’ve heard it - a celebrity couple gets divorced, and a site like TMZ announces, “the marriage was beyond repair -- the star filed for divorce due to ‘irreconcilable differences" according to court docs obtained by TMZ.”

The term “irreconcilable differences” is used in California family law as a ground for no-fault divorce. No-fault divorce means that you don’t have to prove someone did something wrong to get a divorce.

The fact is that, in California, a judgment of divorce can only be granted on the grounds of (1) irreconcilable differences or (2) permanent legal incapacity.

It’s extraordinarily rare for a divorce to occur when a spouse is permanently legally incapacitated. This means that “irreconcilable differences” is alleged as the grounds in virtually every petition for divorce in California.

This doesn’t mean the phrase is meaningless. The California Family Code defines “irreconcilable differences,” as “the existence of substantial marital problems which have so impaired the marriage relationship that the legitimate objects of matrimony have been destroyed and as to which there is no reasonable possibility of elimination, correction or resolution.”

(And even with this assertion on a petition for divorce, between 10-15% of separated couples reconcile, and approximately 6% of divorced couples remarry each other - believe it or not).

As a practical matter, California courts are very liberal in finding the requisite irreconcilable differences. The existence of irreconcilable differences is rarely an issue in divorce proceedings. And even if one spouse states that there is a possibility of reconciliation, this will not prevent a divorce from proceeding. Only one spouse needs to seek a divorce in California in order for it to proceed.

And if you’re wondering how celebrity gossip sites obtain court records, California divorce records are public records, which any member of the public can theoretically access.

Emily Rubenstein Law, PC is a full-service divorce and family law firm. We proudly serve Beverly Hills, West Hollywood, West Los Angeles, Santa Monica, Culver City, the South Bay, Glendale, Pasadena, Sherman Oaks, Studio City, Encino and all of Los Angeles County.