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What Factors Qualify As Grounds For Divorce In California?

In California, grounds for divorce – legally termed “dissolution of marriage” – are covered in the California Family Code Section 2310-2313. The two grounds for dissolution of marriage or legal separation in California are:

  • Irreconcilable differences that have caused the irremediable breakdown of the marriage
  • Incurable insanity

When You Can No Longer Peaceably Live Together: Irreconcilable Differences

In the California Family Code, irreconcilable differences are defined as “those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.”

The legal concept of irreconcilable differences is employed very liberally in California, which is one of many states that allows so-called no fault divorce. In a no fault divorce, there is no burden on the filing party to prove that the other spouse is guilty of having wronged the filing spouse. In fact, the filing spouse need only declare that the two are incompatible or can no longer peaceably live together.

The judge can order a delay of divorce proceedings if they believe that the irreconcilable differences cited in the divorce petition are not as irreconcilable as they appear. This delay, lawful under California Family Code Section 2334, can last a maximum of 30 days. The judge renders judgment if either spouse still desires a divorce after the delay.

Incurable Insanity: An Uncommon Route

Two important caveats should be considered if you are seeking a divorce on the ground of incurable insanity. First, the filing party must provide proof that the insane spouse was and remains incurably insane. This proof must include testimony from medical or psychiatric experts. Second, any dissolution of marriage granted on the grounds of incurable insanity does not absolve the filing spouse of any lawfully imposed spousal support or alimony.

No Divorce Is Too Complex For Us

A divorce can be one of the most emotionally difficult and stressful events you will endure. Divorces – and family law in general – are often a dangerous combination of personal, familial, financial and legal issues, and it can be very difficult to keep track of every aspect.

At Barber Tubis Law, P.C., our Napa divorce attorneys understand how complex divorces are, and they know how important it is for our clients to have experienced lawyers looking out for their interests. With a strong track record of helping clients through the divorce process, our attorneys should be your first choice. Fill out an online form or call 707-429-2222 to schedule a consultation.