Q: Can either party in an irreconciliable difference divorce file motion to dismiss if they’re still sleeping sexually ?
A: The question is not whether you can file an application with the court, seeking to dismiss the other party's complaint for divorce. The real issue is whether your application will be successful. The answer is NO. Irreconcilable differences does not mean that the person hates you or no longer finds you attractive or no longer wants to be intimate with you - it means that things have taken place in the marriage, where the other party recognizes that he / she no longer wants to be married to you and by calling it irreconcilable differences permits the person to move forward with a divorce matter without having to say terrible things about the other party. Irreconcilable differences is subjective and a judge is not going to dismiss the divorce matter because you and the other party have still have sexual relations.
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