Grounds for Divorce in California

Giving the Reason

Divorce is a complicated and sometimes messy process. Determining the reason for your divorce to start the process, however, can be easier than you might expect. California law has been simplified to give a general “no-fault” grounds in order to seek a divorce.

No-Fault State

California is a “no-fault” state as it relates to divorce. This means that a person seeking a divorce does not have to possess some sort of alleged wrongdoing committed by his or her spouse. The law typically categorizes this “no-fault” ruling into two brackets:

  • A party seeking a divorce can cite what is known as “irreconcilable differences.” This means that the couple divorcing simply do not get along anymore and have made an unsuccessful effort to reconcile.

  • A party seeking a divorce is married to someone who is permanently unable to make legal decisions. For example, someone may seek a divorce from someone who was tried and convicted of a crime and is now in prison.

California decided to implement this law in this way because lawmakers determined it would be much easier to simply accept that divorce is taking place, rather than fight about the reason for the divorce and find proof of wrongdoing.

What About Actual Wrongdoing?

If a person commits some sort of wrongdoing, that transgression can certainly play into the decision-making for a person seeking a divorce and may cause irreconcilable differences. However, that wrongdoing cannot be the reason for the divorce.

For example, if a husband cheats on his wife, that action may not be used as the reason for the divorce. Such adultery may, however, cause irreconcilable differences between the two parties, thereby meeting the requirement for a California divorce.

Seek Legal Assistance

If you are debating a divorce but are unsure about where to begin or how you meet the “no-fault” requirement, an experienced attorney who understands California divorce laws can help you figure out where to begin. The team at TRABOLSI | LEVY | GABBARD LLP knows how to approach your case with professionalism, expertise, and care.

Call (310) 455-8364 today to set up a consultation.

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