What are the grounds for divorce in California?
Michael Gower
California managing attorney at Marble Law
Key Takeaways
- California is a “no fault” divorce state, meaning a spouse doesn’t need to prove the other spouse’s wrongdoing to end their marriage.
- In California, the most common ground for divorce is irreconcilable differences.
California is a no-fault divorce state, meaning that a spouse doesn’t need to prove the other spouse's misbehavior or wrongdoing as a reason for ending the marriage. Unlike fault-based divorce states—where grounds for divorce might include adultery, cruelty, or abandonment—California law simplifies the process by recognizing one primary ground for divorce: irreconcilable differences.
Irreconcilable differences acknowledge the reality that some marriages reach a point where they’re irretrievably broken, and continued attempts to salvage the relationship would be futile.
While this concept seems straightforward, let’s dive into the legal implications within the California divorce process.
What are irreconcilable differences?
Irreconcilable differences essentially mean that there’s no reasonable prospect of reuniting. This breakdown can present itself in various ways, including, but not limited to:
- Emotional incompatibility: A fundamental disconnect in values, communication styles, or emotional needs can lead to a constant state of unhappiness and dissatisfaction within the marriage.
- Loss of intimacy: The emotional and physical connection between spouses may deteriorate significantly, making it difficult to maintain a healthy marital bond.
- Growing apart: Spouses may evolve in different directions over time, leading to a sense of incompatibility and a lack of shared goals or interests.
- Financial problems: Chronic financial strain, disagreements about spending habits, or debt can create significant tension and conflict between spouses.
- Infidelity: Although not a requirement for divorce in California, extramarital affairs can be a symptom of deeper issues within the marriage and contribute to its breakdown.
- Substance abuse: Addiction to drugs or alcohol can have a devastating impact on a marriage, affecting communication, trust and overall well-being.
- Domestic violence: Physical or emotional abuse is a serious threat to safety and creates an environment where reconciliation isn’t possible.
Note that irreconcilable differences don’t require assigning blame or proving fault on either spouse's part. The focus is simply on the current state of the marriage and the absence of a viable path forward together.
How do irreconcilable differences work in the divorce process?
In California, either spouse can file for divorce by citing irreconcilable differences. The spouse doesn’t need to provide specific details or evidence to support this claim. The court accepts the filing spouse's assertion that the marriage is irretrievably broken as sufficient grounds for divorce.
This simplifies the initial stages of the divorce process, allowing couples to move forward with the legal aspects of dissolving their marriage without the emotional burden of assigning blame or relitigating past issues.
However, while irreconcilable differences pave the way for the dissolution of the marriage, they don’t impact:
- Child custody and support: If minor children are involved, the court will determine custody arrangements and child support based on the best interests of the children. This process may involve mediation, child custody evaluations and court hearings.
- Property division: California is a community property state. This means that all property acquired during the marriage is generally divided equally between the spouses, unless there’s a prenuptial agreement in place or the parties agree otherwise. An attorney can help you identify your separate property and community property and try to ensure that you receive a fair share.
- Spousal support: In some cases, one spouse may be entitled to receive financial support from the other spouse after the divorce. The court considers various factors—such as the length of the marriage, the income disparity between the spouses and the needs of each spouse—when determining spousal support.
Get the right lawyer for your divorce
Schedule a free 15-min call with our team today
The advantages of irreconcilable difference
The use of irreconcilable differences as the sole ground for divorce offers several benefits:
- Reduced conflict: By eliminating the need to prove fault, the divorce process can typically be less adversarial and acrimonious. This can be especially helpful if children are involved, as it allows parents to focus on creating a healthy co-parenting relationship.
- Lower cost: A no-fault divorce can be less expensive than a fault-based divorce, as it typically requires less time and fewer legal resources.
- Faster resolution: The streamlined process allows couples to resolve the legal aspects of their divorce more quickly, enabling them to move forward with their lives.
- Emotional well-being: Focusing on the current state of the marriage rather than past transgressions may be less emotionally draining for both spouses.
Quality legal care for life’s ups and downs
Our services
Client support
