“There are two grounds for dissolution of marriage: (1) irreconcilable differences that have caused the irremedial breakdown of the marriage, or (2) the incurable insanity of one of the parties. [Fam. Code, § 2310] As a practical matter, most petitions for dissolution of marriage are based on irreconcilable differences. The concept of irreconcilable differences takes the concept of fault out of dissolution of marriage proceedings. The legislature and the courts have determined that when a party to a marriage determines the marriage is past saving, it should be terminated without determination as to who is the cause of the breakdown of the marriage. [In re Marriage of Gray, 204 Cal. App. 3d 1239, 251 Cal. Rptr. 846 (1st Dist. 1988)]”
“Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. [Fam. Code, § 2311] They are traditionally proven by one party responding “yes” to the question posed by his or her attorney, “Are there irreconcilable differences between you and your spouse that have led to the irremedial breakdown of the marriage?” Rarely is there an inquiry into the nature of those differences. Though “irreconcilable differences” are not defined, the ground has survived a constitutional challenge as to vagueness. [In re Marriage of Walton, 28 Cal. App. 3d 108, 104 Cal. Rptr. 472 (4th Dist. 1972)] The differences must be “substantial” rather than “trivial” [] Except as otherwise provided by statute, in a pleading or proceeding for dissolution of marriage or legal separation of the parties, including depositions and discovery proceedings, evidence of specific acts of misconduct is improper and inadmissible. [Fam. Code, § 2335]”
“A marriage may be dissolved on the grounds of incurable insanity only upon proof, including competent medical or psychiatric testimony, that the insane spouse was at the time the petition was filed, and remains, incurably insane. [Fam. Code, § 2312]”
[California Civil Practice Family Law Litigation [certain citations omitted]]
