Grounds for Divorce

Exceptional Solutions for You & Your Loved Ones

In the state of California, the courts do not require either spouse to show any sort of fault or bad behavior to effectuate a divorce or legal separation. California is a “no-fault” state, where only one spouse or partner must simply allege that the couple has “irreconcilable differences” resulting in a marriage that is no longer sustainable. “Irreconcilable differences” means that there are substantial reasons or differences for not continuing the marriage and make it appear that the marriage should be dissolved.

Only one spouse or partner must make this claim; a divorce in California does not require that both parties agree that their differences are irreconcilable. However, to obtain a legal separation based on this ground, both spouses/partners must agree or one spouse or partner must not appear in the action. The effect of this requirement gives the responding party the power to prevent legal separation.

Even though California is a “no-fault” state, fault or wrongdoing can be relevant when the court determines issues including child custody and visitation, spousal support, and safety.

The other ground for divorce in the state of California is referred to as permanent legal incapacity. A court can only dissolve a marriage on this ground with proof, including competent medical or psychiatric testimony, that a spouse or partner was considered insane at the time of filing the petition and remains incurably insane. A divorce entered on this ground does not relieve a spouse or partner from their obligation to support the incurably insane spouse or domestic partner.

When to Speak With Jim Canaday About Your Grounds for Divorce

The decision to file for divorce is life-changing. All aspects of your personal life and your finances may be affected, and this makes it essential to consider all options and repercussions before you proceed.

A no-fault divorce will address the grounds for divorce, and various issues related to children and assets must be addressed as well. This may include:

  • The division of property
  • Spousal support
  • Child support
  • Child custody

Both in approaching divorce proceedings and in handling these issues in court, your choice of an attorney may directly impact your future.

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