Also known as: serious marital discords · marital discord
Written by attorneys · grounded in primary & secondary sources — see below
Evidence of substantial ongoing conflict between spouses that negatively shapes the attitude of one or both toward continuing the marriage, providing an independent statutory ground for a judicial finding that the marriage is irretrievably broken.
Steven Silva and Samantha Stone moved into separate homes seven months before Steven filed for dissolution. They continued operating their shared factory but their disputes escalated into frequent verbal abuse during meetings. Samantha's petition cited the discord as proof that her attitude toward the marriage had turned negative. The court found the marriage irretrievably broken on that basis alone.
Solomon Silver left the marital home after a physical altercation with Sylvia Santos and lived in a trailer for over a year. A three-week attempt to reconcile ended when arguments resumed. Sylvia petitioned for dissolution citing the discord. The court granted the decree because the ongoing conflict showed no reasonable prospect of reconciliation.
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Sabrina Shah relocated across the country for a new job while Sarah Sullivan remained behind. For eight months they maintained separate apartments and argued bitterly over work hours and finances. Sabrina filed for dissolution alleging the discord had soured her view of the marriage. The court entered the decree after finding the statutory ground satisfied.
Steven Silva and Samantha Stone continued daily factory work after moving apart. Their heated disagreements over production led Jackson to accuse Steven of verbal abuse on multiple occasions. Both acknowledged the arguments damaged their marital outlook. The court found the discord sufficient to support dissolution despite the business cooperation.
Solomon Silver testified against a client and lost firm business, triggering repeated arguments with Sylvia Santos. Sylvia moved to a remote site and filed for dissolution 210 days later. Evidence showed emotional distance and lasting resentment from the financial strain. The court found the discord had adversely affected both spouses' attitudes toward the marriage.
Sabrina Shah accepted a year-long remote construction assignment and lived in a company trailer. Sarah Sullivan remained in the marital home with no overnight visits. Sabrina petitioned for dissolution citing the resulting discord. The court found the prolonged separation and conflict met the statutory test for irretrievable breakdown.
No. Courts focus on whether the discord has adversely affected a spouse's attitude toward the marriage itself. Daily factory work and joint business trips do not negate evidence of escalating conflicts and verbal abuse that have damaged the marital relationship.
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No. A short failed reunion followed by renewed arguments reinforces rather than negates the existence of serious discord. The statute looks to whether the conflict has adversely affected a spouse's attitude toward the marriage, not whether every attempt at repair has been abandoned.
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No. One spouse's petition supported by evidence of discord is sufficient. The court determines whether the statutory ground is met. The other spouse's denial or hope for reconciliation does not control the outcome.
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No. Heated arguments, accusations of verbal abuse, and financial resentment that damage a spouse's attitude toward the marriage satisfy the standard. The statute does not demand specific fault-based misconduct.
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…took the couple to Hawaii, where their son A. J. A. was born in 1995. The Abbotts moved to La Serena, Chile, in 2002. There was marital discord, and the parents separated in March 2003. The Chilean courts granted the mother daily care and control of the child, while awarding the father “direct and regular” visitation rights,…