Written by attorneys · grounded in primary & secondary sources — see below
A court's determination that spouses have no reasonable prospect of resuming their marital relationship. The finding supports a conclusion that the marriage is irretrievably broken when one spouse denies that breakdown or when separation alone does not satisfy statutory grounds.
Rebecca Ross moved into a separate apartment six months before filing a verified petition alleging serious marital discord. Her spouse opposed dissolution and pointed to ongoing therapy sessions. The court determined that the extended separation and discord left no reasonable prospect of reconciliation and granted the petition.
Ricardo Rojas filed for dissolution after living apart from his spouse for more than 180 days. The spouse denied breakdown and cited weekend visits as evidence of possible repair. The court examined the separation period and ongoing discord to conclude there was no reasonable prospect of reconciliation and entered the decree.
Select any source to read its text and confirm it supports the definition.
Rhea Reynolds petitioned for dissolution and swore the marriage was irretrievably broken due to assignment competition at work. Her spouse denied the claim under oath and requested a continuance for counseling. The court weighed the circumstances of filing against evidence of ongoing collaboration and found no reasonable prospect of reconciliation.
Ravi Reddy lived in a trailer behind the shop for over a year after an altercation with his spouse. A three-week return to the marital home ended in renewed arguments. The court treated the brief period as an unsuccessful attempt at repair and found the marriage irretrievably broken with no reasonable prospect of reconciliation.
Roger Ramirez obtained a decree a mensa et thoro after his spouse willfully deserted him. Three years later he sought an absolute divorce. The court noted the continued desertion and absence of any reconciliation and granted the absolute decree.
Ruby Rivera and her spouse developed irreconcilable differences in tastes and interests that produced resentment and emotional distance. The spouse made sincere efforts to preserve the marriage. The court found the deterioration had reached a point beyond rescue and entered a decree of dissolution.
The court must consider all relevant factors including the circumstances that gave rise to the petition and the prospect of reconciliation. It may then make a finding whether the marriage is irretrievably broken or continue the matter for a later hearing and suggest counseling.
Supporting sources
No. A short attempted reconciliation that ends in renewed conflict does not erase a prior period of separation or the existence of serious marital discord. The court still evaluates whether a reasonable prospect of reconciliation remains.
Supporting sources
The finding is a determination that there is no reasonable prospect of reconciliation. It may rest on either a statutory period of living separate and apart or on serious marital discord that adversely affects one or both spouses' attitude toward the marriage.
Supporting sources
No. The court weighs the request along with all other evidence of discord and separation. Ongoing professional collaboration or counseling efforts may support a finding of reasonable prospect of reconciliation, but they do not automatically bar dissolution.
Supporting sources
…desertion continued from that date; three years had elapsed since the entry of the decree a mensa et thoro ; there has been no reconciliation, and none is probable. It granted petitioner absolute divorce, divested respondent of all rights in his property, and required him to pay $150 per month for support of the daughter. No…