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What are the legal reasons for divorce in California?

On Behalf of | Jan 11, 2022 | Domestic Violence

Married couples in California expect to be happily wed for life, but this isn’t always the case as there are many reasons behind divorce. It’s important to know the legal grounds for divorce in the state.

What are California’s divorce laws?

California is a no-fault state for divorce. This means that a person filing for divorce doesn’t need to state a reason for the marriage failing. Instead, there’s no blaming a spouse; irreconcilable differences can be used as the reason behind the divorce.

Irreconcilable differences, meaning the spouses cannot work things out, is sufficient for ending a marriage. With a no-fault divorce, things can be final faster than in a fault state where it’s mandatory to state the grounds for the divorce and potentially endure a lengthy court battle.

What are the grounds for divorce?

Although California allows people to file without specifying a reason for wanting a divorce, domestic violence is one factor that can lead to people filing for divorce in the state. If there is an issue of domestic violence or emotional abuse between a married couple, the victim can file a petition for divorce with the court. However, they don’t have to name the abuse as a reason and don’t have to testify.

One grounds for divorce in California that is rarely used is incurable insanity. However, to prove those grounds, medical records and testimony from a medical or psychiatric doctor are necessary. Without the right level of proof, it’s not always possible to get a divorce using incurable insanity as the grounds.

The no-fault laws in the state benefit a spouse who seeks a divorce. Even if there was domestic violence involved in the marriage or one spouse had an affair, state law allows a person to file without having to prove it or give an explanation, potentially making the divorce process much easier.

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