Divorce With Respect

What are the grounds for divorce in California?

On Behalf of | Dec 19, 2022 | Divorce |

When you get married the last thing on your mind is divorce. Yet, statistics show that the United States of America has the sixth-highest divorce rate in the world. This means that nearly 50% of all marriages in 2022 will end in divorce. In California, nearly 200,000 men and women will divorce this year.

The state of California only recognizes two types of grounds for divorce. The first is irreconcilable differences. The second is incurable insanity.

Exploring California’s grounds for divorce

Given that the state of California recognizes only two types of grounds for divorce it is essential to understand them before you file. 

  • Irreconcilable differences: California is a “no-fault” divorce state, so this is the most common ground for divorce. When you file for divorce on the grounds of irreconcilable differences, you are essentially saying that no one is at fault for the breakdown of the marriage.
  • Incurable insanity: Though this is recognized as grounds for divorce in California, it is not used very often. One spouse would have to provide proof from a medical professional that their partner is insane and that their condition is incurable.

Once you have established the grounds you can proceed with filing for divorce.

Additional guidelines for divorce in California

You must have lived in California for a minimum of six months before you can file for divorce. Furthermore, one or both members of the divorcing couple must file in a county where you have established at least a three-month residency. 

Something else that’s important to remember is that California is a community property state. This means that the judge will consider all assets that were attained during the marriage as belonging to both parties. It will be divided up accordingly between the two of you. Seek guidance if there is a specific asset that you wish to retain.