Back in September 2012, Jason Aldean was caught kissing previous American Idol contestant, turned NBA-cheerleader, Brittany Kerr. However, this kiss turned into quite the smooching scandal considering Aldean has been married for over 11 years to teenage-sweetheart, Jessica Ussery. Not surprisingly, Aldean recently filed for divorce in Tennessee. TMZ reports that the couple cited “irreconcilable differences” as the reason for the split.

As San Diego attorneys know, one of the only two grounds for divorce here in California is “irreconcilable differences (see website page entitled “Grounds for Divorce or Legal Separation” for more details on both “irreconcilable differences” and “incurable insanity”). It is quite common for divorcing couples to cite “irreconcilable differences” as their reason for their divorce, but what really constitutes an “irreconcilable difference”? Is it more than just one spouse cheating on the other?

Read more about divorce and irreconcilable differences

Although infidelity alone may seem like a pretty good reason for divorce, such infidelity must lead to “irreconcilable differences” between the couple since California is a no-fault state. (See website page entitled “Grounds for Divorce or Legal Separation” for more details on “no-fault”). In general, “irreconcilable differences means that the spouses can no longer agree on basic, fundamental issues involving the marriage and that they will never agree, such that there is no chance of reconciliation. Thus, when a divorce is based on “irreconcilable differences,” any past cheating scandal by one spouse doesn’t matter, what matters is that one or both spouses agree that the marriage won’t work any longer and that it’s clear to a judge that there is no chance that the marriage can be saved.

Learn the answers to frequently asked questions about divorce in San Diego

There is no black-letter list of what constitutes “irreconcilable differences.” Rather, it is a quite vague standard and San Diego Family Courts often broadly interpret “irreconcilable differences”. Some of factors that San Diego courts may look at to determine if there has been a marriage breakdown may include: 1) difference of interests; 2) long physical separation; 3) antagonistic feelings that are irreversible; 4) resentment; 5) distrust; 6) financial difficulties affecting the marriage; 7) conflict of personality; and 8) lack of mutual concern for emotional needs of each other.Although Aldean has urged everyone not to cast judgment on his recent filing for divorce, one can only assume that Aldean’s smooching scandal with Kerr likely led to distrust, resentment and irreversible antagonistic feelings between Aldean and Ussery, thus leading to what a court will likely interpret to constitute “irreconcilable differences”.

Please contact us if you are considering a divorce from your spouse, a legal separation, or have any questions regarding grounds for divorce or legal separation. Nancy J. Bickford is the only attorney in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego.