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Grounds for Divorce in California

Monday, August 3, 2009 by S. Roger Rombro

Grounds for Divorce in CA

California is a no fault state when it comes to obtaining a Los Angeles divorce. When considering a divorce, consult with an experienced divorce or family law attorney. California stipulates two separate grounds for a no fault divorce. Since 1970, it has been relatively easy to sue for divorce in California since there is no longer a need to accuse a spouse of doing anything wrong, thus the term, no fault. The two grounds for divorce in California include, “irreconcilable differences, which have caused the irremediable breakdown of the marriage” and “incurable insanity.”

The first of the two grounds, irreconcilable differences, just means that one spouse has decided that the marriage is over. This can be stated simply saying that they are “incompatible,” and one or the other may petition for legal separation or divorce. The court will determine if the grounds are “substantial reasons for not continuing the marriage and which makes it appear that the marriage should be dissolved.”

The second of the two grounds as detailed in California law for legal separation or divorce is incurable insanity. To prove incurable insanity to the court, testimony from a competent psychiatric or medical practitioner is required. That testimony must not only prove incurable insanity, but also that the spouse was incurably insane at the time of filing for the divorce.

There is a waiting period of six months after filing for divorce in California before it is final. In addition, if the court believes there is a reasonable chance of reconciliation, the court may order a thirty-day stay of resolution and require marriage counseling for the couple.

The above quotes come directly from the California Codes. For the complete California Family Codes Section, 2310-2313 addressing dissolution of a marriage see the following website www.leginfo.ca.gov.

Article contributed by Los Angeles family attorneys Rombro & Associates, (310) 545-1900, www.rombrolaw.com.

Posted at 16:37 PM

Topic: Divorce