People may find themselves thinking about divorce for a lot of different reasons. One spouse discovering that the other has conducted an extramarital affair may lead to divorce. Couples may also divorce due to empty nest syndrome after their children leave the home. They may find that they have little in common without their children to bond them to one another.
Divorce is a legal process that has to follow specific procedures. One of the spouses must file a petition with the courts asking to legally end the marital relationship. To receive due consideration from the family courts, the spouse filing for divorce typically needs specific legal grounds that justify their filing.
Every state has different rules about the conditions that justify divorce. What are the legal grounds for divorce acknowledged by the California family courts?
Most divorces are no-fault divorces
Technically, California only recognizes two grounds for divorce. People cannot pursue a divorce on the basis of infidelity or domestic violence. Instead, they typically file on the basis of having irreconcilable differences.
The spouse filing the divorce petition asserts that personal, ethical or lifestyle differences have made it impossible for the spouses to remain married to one another. There is usually no way to prove or disprove a claim of irreconcilable differences. Therefore, spouses do not have to worry about failing when they ask for a no-fault divorce.
It is generally not possible for the responding spouse to disprove a claim of irreconcilable differences. Even if the other spouse wishes to remain married, the courts can grant the filing spouse the divorce based on their assertion of irreconcilable differences.
The only other recognized legal grounds for divorce in California is incurable insanity. One spouse has to lack the legal capacity to understand their marital obligations and fulfill their responsibilities as a spouse. Someone who has developed severe mental health challenges or who sustained a traumatic brain injury may meet the criteria necessary for a divorce based on a lack of capacity.
For the vast majority of spouses, a no-fault divorce based on irreconcilable differences is the only option available. Courts typically do not consider marital misconduct when hearing issues related to property division, financial support or child custody.
Learning more about California’s divorce statutes can help people prepare to file a divorce petition or respond to one. People generally don’t need to prove anything to qualify for a divorce in California.
