In California, as with many other states, divorce is more than an emotional burden. There are also legal and logistical issues to work out. One thing couples may wonder is, “What are the grounds for divorce in California?” Understanding these grounds is important and a major first step in filing for a successful divorce.

Understanding Divorce in California

California is a no-fault state when it comes to divorce. This means that couples do not have to state specific reasons for a divorce, as these reasons would not affect the legal outcome of the divorce.

Fault-based states list more specific reasons, such as adultery, abandonment, cruelty, substance abuse, incompetence, impotence, drunkenness, domestic violence, and imprisonment. While these factors may play a part in other decisions, such as child custody or alimony, they are not necessary as a reason for requesting divorce in California.

The divorce rate in the U.S. increased 3.6% between 2021 and 2022. In the U.S., 7.1 women per 1,000 women ages 15 and up divorced in 2022, up from 6.9 per 1,000 in 2021. According to these statistics, California is one of the states with a lower divorce rate, at a rate of 5.88.

The no-fault system permits either spouse to file for divorce without having to blame the other party for the failure of the marriage. In modern times, many divorces in California are filed under the general category of no-fault divorce. The most frequently cited ground for a no-fault divorce is “irreconcilable differences.”

Irreconcilable Differences

Irreconcilable differences is a very broad legal phrase and is purposely left vague in the law. The differences can be anything; they just must be conflicts or issues between spouses that prevent the continuation of the marriage. California divorce laws do not require spouses to prove the differences. A good-faith statement by one spouse that the marriage cannot be continued due to irreconcilable differences is usually sufficient. Irreconcilable differences can appear as:

  • Emotional or physical distance. This happens when one or both spouses begin to drift apart to the point that they cannot maintain a meaningful connection.
  • Frequent conflict. If the two are constantly getting into arguments or disagreements, this can fall under irreconcilable differences, especially if the conflict cannot be resolved through mediation or therapy.
  • Incompatibility. Sometimes a couple realizes they have different values, goals, or ways of living that are not compatible with each other.
  • Lack of trust or communication. In some cases, something has happened that is irreparable in terms of trust in the marriage, such as infidelity. While some couples can overcome this, others may not be able to recover, leading to a permanent lack of trust and/or communication.

This flexibility makes irreconcilable differences a universal ground. It acknowledges that marriages can break down for complex and deeply personal reasons that don’t always fit into a neat fault-based category.

Incurable Insanity

The second, less common ground for divorce in California, is incurable insanity. Although this option is used less frequently, it’s still an important legal remedy for certain marriages.

Incurable insanity means a mental condition that permanently makes one spouse incapable of making rational decisions or participating in the marital relationship. The law is very specific that the condition must not be temporary, and recovery must be unlikely. For that reason, it’s much more complex to prove incurable insanity than it is to cite irreconcilable differences.

To claim incurable insanity, the spouse making the claim must prove that the other spouse has this condition through:

  • Medical testimony from medical professionals
  • Psychiatric records
  • Prior legal findings, such as conservatorships

About Benefield Faulk Law – Family Law Trial Advocates P.C.

Benefield Faulk Law – Family Law Trial Advocates P.C. understands that guardianships, custody, and complex divorces can create uncertainty for you and your family. Tamara Shari Benefield has spent over 15 years in the courtroom. She has developed an eye for cross-examination and a client-centered approach to litigation. Her experience teaching civil procedure and practicing high-stakes litigation helps her give clients a clear roadmap for navigating even the most difficult situations.

Our legal team is located in Beverly Hills and are frequent litigators in Los Angeles County, including in the Stanley Mosk Courthouse, which houses many divorce cases. We can help you understand your rights and protect your family.

FAQs

What Is a Wife Entitled to in a Divorce in California?

In California, a wife is treated as an equal to her spouse under community property rules. A wife is generally entitled to one-half of all marital property and debt that has been accumulated during the marriage. A wife may also be entitled to spousal support, child support, and/or custody. Determining entitlements involves evaluating contributions made by individuals together with their financial necessities while considering the family’s interests.

How Many Years Do You Have to Be Married in California to Get Alimony?

California does not have a set minimum length of marriage before you can ask for alimony. However, the length of your marriage will play a role in how long your support will be. The longer you were married, the longer your support will likely be. For short-term marriages, support will likely only last for a short amount of time. If you were married for a long time, indefinite or permanent support could be justified.

How Long Do You Need to Be Separated to Get a Divorce in California?

California does not have a waiting period for spouses to live apart before filing for divorce. The state does require that one spouse meet the residency requirement and wait the required amount of time after filing before the divorce is final. This waiting period allows time for any property, custody, or support issues to be worked out.

Do You Have to Split Everything in a Divorce in California?

California is a community property state. Assets and debts accumulated during the marriage are divided 50/50. Assets and debts brought into the marriage, inheritances, and gifts may not be divided. A negotiated settlement that doesn’t equally divide assets and debts is possible if the other spouse agrees to the terms and the court finds it to be fair.

Hire a Divorce Lawyer

If you are considering a divorce in California, hire a divorce lawyer at Benefield Faulk Law – Family Law Trial Advocates P.C., today. We can help you with this legal process. Contact us today to get started.