In California, the grounds for divorce are irreconcilable differences and, in rare cases, incurable insanity. California is a no-fault divorce state, meaning that the spouse seeking a divorce does not have to prove any wrongdoing (such as infidelity or abuse) to end the marriage. Instead, the marriage can be dissolved based on the simple fact that it is irreparably broken.
1. Irreconcilable Differences
This is the most common ground for divorce in California. Irreconcilable differences means that there are significant disagreements or conflicts between the spouses that cannot be resolved, leading to the breakdown of the marriage. Essentially, the marriage has ended because the couple is unable to work through their differences.
- Example: If one spouse wants to pursue a different lifestyle or values than the other, or if communication and emotional connection have broken down, the marriage may be deemed irretrievably broken.
- The key aspect of this ground is that no fault or wrongdoing is necessary to be proven. The court simply needs to recognize that the marriage is beyond repair due to these differences.
2. Incurable Insanity
The second, much rarer, ground for divorce in California is incurable insanity. To use this ground, one spouse must be declared legally insane by a court and must have an incurable mental illness. It’s a more complicated ground for divorce because it requires medical evidence and legal proceedings to prove that the spouse is legally insane and that their condition is not expected to improve.
- Example: If a spouse has been diagnosed with a severe mental illness that is permanent and has been legally declared insane, the other spouse may use this as grounds for divorce.
However, this ground is rarely used due to the difficulty of proving both legal insanity and incurability.
3. No-Fault Divorce California is a no-fault divorce state, which means that the spouse filing for divorce does not need to prove that the other spouse committed any wrongdoing (such as adultery, abuse, or financial misconduct). The divorce can proceed solely on the basis that the marriage has ended due to irreconcilable differences or, in the rare case of insanity, incurable mental illness.
