‘Irreconcilable differences’

A lot of people thought there would be a “forever” in the marriage of Hollywood celebrity couple Angelina Jolie and Brad Pitt. However, the recent news of the filing of divorce from Brad Pitt by Angelina Jolie brought sadness to their followers, here and abroad.

So what does ‘irreconcilable differences’ mean?

In the US, the one filing for divorce needs to specify the reason for wanting a divorce. It is said that the term “irreconcilable differences” is a type of “no-fault” divorce. If this is the reason cited for divorce filing, it means that the couple has no more hope in working out their problems and save their marriage. While there is divorce in the US, I found out that each state may differ in the requirements for filing divorce using the reason of irreconcilable differences.

Let me cite a few. In West Virginia, the divorcing couple must put into writing their agreement to this claim. At least a six-month period of irreconcilable differences between the couple is a requirement prior divorce filing in the state of New Jersey. They must be able to show that they can no longer solve their problems and thus their marriage needs to be dissolved.

It is a no-fault divorce because the couple need not make accusations of wrong doing of their marital partner. It may be difficult to prove the other grounds for divorce such as cruelty, physical abuse or adultery so this reason of irreconcilable differences is easier to cite. Contesting the grounds for irreconcilable differences will definitely prolong the divorce process.

New York remains to be the only state that requires proof of fault to get a divorce. It has to be proven that the spouse is guilty of adultery, cruelty, abandonment, inhumane treatment or imprisonment of at least three years.

What is irretrievable breakdown?

It is said that divorce based on “irretrievable breakdown” means anything wrong committed by the spouse does not matter. It is equivalent to the statement of the couple that the marriage will no longer work. It means that the marriage is permanently broken and is beyond repair. There is no need to prove which spouse is to blame. There are couples who file for divorce who cite reasons like: 1. They no longer have the same goals in life; or 2. They have come to the realization that in their marital union, they have fallen out of love. Apparently divorce based on irretrievable breakdown  can be filed as a joint petition by the couple.

Proving the alleged adultery of a spouse in a divorce case may be very difficult. If one hires a detective and is presented as a witness, the court will require another witness because the reliability of the detective will be placed in question since one has paid for the services of the detective.

Unlike many western countries, the courts of the Philippines do not allow divorce according to the country’s Family Code of laws. We don’t have divorce in the Philippines. If you want to separate legally, you can file for legal separation, annulment or petition for the declaration of nullity of marriage (“marriage was invalid at its inception”) and these legal processes take a lot of  time and money. By the way, the Vatican and the Philippines are the only two states in the world without divorce.

The divorce bill in our country was filed as early as 2010 by Gabriela’s Luzviminda Ilagan but had just one hearing. Albay Rep. Edsel Lagman recently had re-filed in the 17th Congress for the enactment of a law on absolute divorce (House Bill 116) saying that this would render “a merciful liberation of a hapless wife from a long-dead marriage.” Apparently, the grounds for legal separation and annulment of marriage stated in the Family Code of the Philippines will be adopted as grounds for absolute divorce. Included as grounds for absolute divorce are: marital abuse, sexual infidelity, attempt against the life of the other, abandonment, de facto separation, conviction for a crime when the sentence is more than six years, contracting a bigamous marriage, drug addiction or habitual alcoholism, homosexuality, lack of parental consent, vitiated consent, impotency, insanity, affliction of sexually transmissible disease and psychological incapacity.

A foreign divorce, a canonical divorce, a gender reassignment surgery and irreconcilable differences beyond redemption with repeated efforts for reconciliation may also be used as grounds for absolute divorce.

It is interesting to note that divorce was legal in our country and was practiced by tribal communities until 1950 with the new Civil Code, which prohibited divorce.  The Catholic Church has been opposing the passage of this divorce bill.

Our law allows: 1. Legal separation wherein the couple remains legally married despite their physical and property separation and they cannot remarry; and 2. Annulment of marriage. According to the Office of the Solicitor General (OSG), the number of annulment cases filed in the Philippines has increased by 40 percent from 4,520 cases in 2001 to 8,282 in 2010.  Also out of the 8,000 to 10,000 petitions for annulment forwarded to the OSG, 90 percent have been granted by the courts.

This House Bill 116, which is said to be pro-woman/pro-poor, will have to pass the scrutiny of Congress and the Senate. At this point in time, we will just have to await if this House Bill 116 will be finally enacted.

(For questions on love, looks and relationships, please e-mail me at nina.halilijao@gmail.com. Congratulations to the 2016 new physicians!!!!!)