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The Law Offices of Paul H. Nathan

Q:
What are the grounds for divorce in California?

A:

You may have heard the term “Grounds for Divorce.” In fault-based divorce states, the spouse filing for divorce must prove that there is a reason why the marriage isn’t working before a divorce can be granted. Each fault-based divorce state has in the state code a list of reasons for which a divorce may be granted. These may include adultery, fraud, abuse, alcoholism, or abandonment. 

  • California is a “no-fault divorce” state. There are two conditions for the dissolution of a marriage.
  • Irreconcilable differences 
  • Incurable insanity

Irreconcilable Differences 

Most California divorces are based on “irreconcilable differences.” Either spouse may request a divorce if he or she believes that there is a reason for the marriage to end. The divorce will be granted, even if the other spouse disagrees with the reason or does not want a divorce. Proof of these differences is not required, and the courts do not care about fault. 

Incurable Insanity

California divorces are rarely sought on grounds of “incurable insanity,” but the option is available. To seek a divorce on the grounds of incurable insanity, there must be reliable medical or psychiatric testimony that the spouse is and will remain incurably insane.

Whatever your reason for divorce, our San Francisco divorce attorneys can make sure that you get a fair deal in your divorce agreement. If you have questions about California divorce law, spousal support, child support, or child custody, contact the women-only divorce lawyers at The Law Offices of Paul H. Nathan at 415-341-1144.