Considering a divorce can be emotional and stressful. Here’s everything you need to know about grounds for divorce in California.
Fault is not required in California divorces. A divorce can be filed if at least one partner in the marriage is a California resident and grounds for divorce are established. Consent is not needed to file for divorce in California.
What are the grounds for divorce in California?
Grounds for divorce are legal reasonings for the end of a marriage. California is a “no-fault” divorce state, meaning a spouse or domestic partner seeking a divorce does not need proof of the other spouse or domestic partner’s wrongdoing. The divorcing partner must state grounds for divorce and the court will not inquire further.
Under California law, divorce can be based on the following grounds:
- Irreconcilable differences, which caused the permanent breakdown of the marriage
- Permanent legal incapacity to make decisions
Neither basis for divorce requires spousal consent, but a spouse seeking divorce must establish grounds and meet resident requirements. A spouse can learn more about grounds for divorce here.
Irreconcilable differences
Irreconcilable differences describe when a party seeking divorce states the reason for divorce as an inability to get along, resulting in the breakdown of the marriage. Parameters for irreconcilable differences are broad. An individual dissatisfied with and ready to end their marriage can claim “irreconcilable differences” as grounds for divorce. The court does not require an individual to testify about why the marriage is ending, quickening the speed of divorce proceedings.
Permanent legal incapacity (incurable insanity)
Divorce on grounds of incurable insanity requires proof of a spouse’s incurable insanity at the time the petitioner filed for divorce and remains incurably insane. Proof includes psychiatric or medical testimony. Permanent legal incapacity is rarely used as grounds for divorce.
Permanent legal incapacity does not relieve a spouse from legal obligations post-divorce. Spousal support, child custody, property division, and other terms of divorce may still apply.
An individual legally incapable of making decisions may experience one or more of the following:
- Thought processes (such as hallucinations or delusions)
- Alertness and attention
- Mood regulation
- Information processing (such as communication or memory issues)
FAQs About Grounds for Divorce in California
Related: Divorce FAQ’s in California
1. What does a “no-fault” divorce mean?
A “no-fault” divorce applies blame to neither marital party. Spouses are not considered “guilty” or “not guilty.” No-fault divorce courts cannot factor in marital blame when deciding matters such as custody or spousal support.
Related: California No-Fault Divorce: What You Need to Know
2. Are fault-based divorces allowed in California?
Fault-based divorces are not allowed in California. In California, neither partner in a divorce is found “guilty” or “no guilty.”
3. What are the residency requirements to file for divorce in California?
Either the divorce petitioner or their spouse must be a California resident for at least six months, and a resident in the county where the divorce is filed for at least three months prior to filing.
4. Do residency requirements to file for divorce in California differ for same-sex couples?
Same-sex married couples have different residency requirements to file for divorce. Couples married in California but holding residency in a state not granting same-sex divorces may file to dissolve their marriage in California. Same-sex couples must file for divorce in the county they married in.
5. Do I need my spouse’s consent to file for divorce in California?
In California, consent is not required to file for divorce. A spouse’s opposition to divorce proceedings does not inhibit the other spouse from filing.
6. How long does someone have to respond to divorce papers in California?
In California, the respondent will have 30 days from the date of service to file a response with the court. After 30 days, the served spouse will lose the right to make arguments in court regarding property division, child custody, support, and other divorce matters.
Related: How to Serve Divorce Papers in California
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If you or a loved one would like to know more about what the grounds for divorce are in California, get your free consultation with one of our Divorce attorneys today!