Also known as: marriage breakdown · breakdown of marriage · irretrievable breakdown of marriage · irretrievable breakdown
Written by attorneys · grounded in primary & secondary sources — see below
A determination in no-fault divorce proceedings that a marriage has no reasonable prospect of reconciliation.
Bianca Blanco moved out of the marital home after a physical altercation with Blake Butler and lived separately for over a year. When she briefly returned for three weeks, frequent arguments resumed and she promptly filed for dissolution. The court found the marriage irretrievably broken on the basis of the prolonged separation and ongoing discord, granting the petition despite Blake's objection.
Bharat Bhatia and Benjamin Brooks had lived apart for the statutory period before Bharat sought dissolution. Although the spouses resumed sexual relations during the separation, they did not restore other aspects of their relationship. The court determined there was no reasonable prospect of reconciliation and entered the decree.
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Courts look to either a period of living separate and apart exceeding 180 days immediately before the proceeding or the existence of serious marital discord that adversely affects one or both spouses' attitude toward the marriage.
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No. The court, not either party, determines whether the marriage is irretrievably broken. A spouse's subjective hope or denial cannot override objective evidence of prolonged separation or serious discord.
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The court must consider the circumstances and prospects for reconciliation. It may either make a finding on the present record or continue the matter for 30 to 60 days, suggest or order counseling or conciliation, and then decide at the adjourned hearing.
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No. A short period of resumed cohabitation that quickly fails and is followed by renewed conflict does not erase prior separation or negate evidence of serious discord.
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No. A verified petition need only allege that the marriage is irretrievably broken and recite the required neutral facts about the parties, marriage, children, and requested relief. Fault-based details are not required.
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…65 N.J. at 218, 320 A.2d 484. The exceptions to the Painter rule have usually followed the pinpointing of a timeline for “irretrievable breakdown” of a marriage. See, e.g., Brandenburg v. Brandenburg, 83 N.J. 198, 205-06, 416 A.2d 327 (1980). Those cases are factually specific with focus on the timing of marital breakdown. This…