Desrochers v. Desrochers – Divorce – Irreconcilable Differences
Desrochers v. Desrochers, 347 A.2d 150, 115 N.H. 591 (N.H. 1975).
NATURE OF THE CASE: This case involved a divorce dispute due to irreconcilable differences.
FACTS: Mr. (H) and Ms. (W) Desrochers were married in 1970 and their only child was born in 1973. The Desrochers separated in May of that year and Ms. Desrochers brought a libel for divorce that September. The parties reached an agreement regarding custody, support, and visitation one month later.
H did not support his wife and child from the time of separation until the temporary decree and did not maintain steady work. H later decided that he loves his wife and does not want a divorce. The court transferred without ruling whether a divorce should be granted. At argument, it was determined that H has stopped making support payments and had gone to Nevada in June 1975 but still did not want a divorce.
ISSUE: Is a separation due to marital difficulties strong evidence of an irremediable breakdown of a marriage?
RULE OF LAW: A separation due to marital difficulties is strong evidence of an irremediable breakdown of a marriage.
HOLDING AND DECISION: We are hesitant to set forth specific circumstances to be used as permissible indices of an irretrievable breakdown of a marriage. Were we to attempt to do so the basic purpose of the new dissolution of marriage law would be frustrated. An irremediable breakdown of the marriage is determined by reference to the subjective state of mind of the parties. If one spouse simply refuses to continue, it is clear that there is no possibility of reconciliation. It is a question for the trial court to determine whether a breakdown is irremediable or not. Under these facts of this case, the separation for two years and W’s persistence in seeking a divorce is evidence that the Desrochers’s marriage is broken.