What You Need to Know About Divorce in California
In California, the laws regarding grounds for divorce are relatively simple. Here’s what you need to know about grounds for divorce in California.
California is a no-fault state when it comes to divorce. This means that, given that at least one of the partners in the marriage is a California resident, divorce can be filed without the consent of the other partner by stating that there are irreconcilable differences, and the other partner cannot object.
What does it mean to have “grounds” for divorce?
In law, to have grounds is to have reasons specified by the law for demanding court action. In the case of divorce in California, the only reason needed to initiate a divorce is irreconcilable differences between spouses. It may sound difficult to prove irreconcilable differences unless the marriage is exceptionally broken. In practice, irreconcilable differences are any reasons that lead a partner to believe that the marriage has broken down and cannot reasonably be saved.
How does a spouse go about claiming that there are irreconcilable differences?
California is known as a “no-fault” divorce state, which is excellent news for spouses that want a divorce but whose partners do not agree. Essentially, “no-fault” means that the partner seeking a divorce does not have to provide evidence that the other partner did anything wrong. This is because no partner is at fault; there is no “guilty” or “non-guilty” spouse when it comes to divorce in California. Furthermore, the other partner cannot object to a California divorce; the divorcing partner must simply state that there are irreconcilable differences and the court will not inquire further.
Related: Divorce Laws in California
In order to initiate the divorce, at least one of the spouses must have established a form of legal residency in order to file for divorce in California. To establish legal residency in California for a divorce, either partner must have lived in California for the past six months, as well as lived in the county that the divorce is being filed in for the past three months.
Related: How to File for Divorce in California
FAQs about Grounds for Divorce in California
Do California laws make it difficult for spouses to meet grounds for divorce requirements?
Not at all. All that is required for a spouse to have grounds for a California divorce is the belief that there are irreconcilable differences. This is defined as any reason for a spouse to believe that the marriage cannot be saved. Given that the residency requirement is met, all that the spouse must do is state that irreconcilable differences exist.
What if my spouse will not agree to a divorce?
In short, it does not matter. As long as one partner states that there are irreconcilable differences and initiates the divorce process, the other partner cannot object. Even if the other partner does not respond to the divorce proceedings, the divorce will still proceed.
Do I need to prove anything if I want a divorce?
No. California is a “no-fault” divorce state, which means that neither party is considered guilty or not guilty. As such, no party has to prove anything, and no evidence is required beyond stating that there are irreconcilable differences.
I understand now that I have grounds for divorce. If I want to proceed with the divorce, what should I do next?
Divorces can be long, complex, and expensive. Prior to the divorce process, it will benefit any spouse to consider what they want their life to look like post-divorce. Consider what you want with regards to division of property, child custody, and other applicable aspects. Of course, it is always recommended that a person initiating divorce speak with a lawyer as well. A lawyer will guide you through the process and ensure that it is as painless as possible and that you get what you want out of the divorce.
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If you or a loved one have more questions about grounds for divorce in California, contact us. Get your free consultation with one of our experienced California divorce attorneys today!