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In California, the grounds for divorce are relatively straightforward, as the state operates under a “no-fault” divorce system. This means that neither party needs to prove that the other spouse did something wrong or caused the breakdown of the marriage. The most common ground for divorce is “irreconcilable differences,” which refers to a situation where the spouses are unable to resolve their differences, leading to the breakdown of the marriage. The party seeking the divorce does not have to provide specific reasons for the irreconcilable differences, making the process simpler and less contentious than fault-based divorce systems in other states.

California also allows divorce based on “incurable insanity” as a ground, but this is much rarer and harder to prove. To use this as a ground for divorce, the spouse must show that the other spouse has been declared legally insane by a court and that the insanity is permanent, making reconciliation impossible. However, the vast majority of divorces in California are filed on the basis of irreconcilable differences. The no-fault system allows for a more streamlined divorce process, focusing on resolving practical issues like property division, spousal support, and child custody, rather than placing blame for the dissolution of the marriage.

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Post Author: lawofficesofjamesrdickinson