Kathleen J. Smith, Attorney at Law

A look at the grounds for divorce in California

Each state in our nation has different laws for getting a divorce. In most cases, these different state laws are very similar to one another, but it is still wise to learn the law when divorcing. If you have never divorced before, you might benefit from finding out what the grounds for divorce are in your state. In this post, we will talk about the grounds upon which California spouses can seek to end their marriages.

California is a no-fault divorce state. This means that couples can go their separate ways without calling attention to any wrongdoing on the part of either spouse. For example, if your spouse is cheating on you with another party, you cannot cite adultery as grounds for seeking a divorce.

Just because we live in a no-fault state, it doesn't mean you do not have grounds for getting divorced. Under the current divorce laws, you have two options when claiming grounds for divorce. We have provided a brief explanation of these two grounds below.

Incurable insanity: Although this may seem harsh, some people may find it impossible to cope when their spouse suffers from incurable insanity. State law makes it as easy as possible to end a marriage when such a condition exists.

Irreconcilable differences: This is the main reason we wanted to talk about divorce grounds. In marriages that are fraught with conflict, this ground can pave the way for as clean a split as possible. For example, although you cannot claim adultery as grounds for divorcing, you can cite irreconcilable differences instead if you and your spouse cannot resolve the conflict caused by spousal adultery.

On our website, we have many resources explaining how to get divorced in California. We urge you to continue reading if you require more information.

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