In California, grounds for divorce—legally termed disolution of marriage—are covered in the California Family Code Section 2310-2313. The two grounds for disolution of marriage or legal separation in California are:
In the California Family Code, irreconcilable differences are defined as “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.”
The legal concept of irreconcilable differences is employed very liberally in California, which is one of many states that allows so-called no fault divorce. In a no fault divorce, there is no burden on the filing party to prove that the other spouse is guilty of having wronged the filing spouse. In fact, the filing spouse need only declare that the couple are incompatible or can no longer peaceably live together.
The judge can order a delay of divorce proceedings if he or she believes that the irreconcilable differences cited in the divorce petition are not as irreconciliable as they appear. This delay, lawful under California Family Code Section 2334, can last a maximum of 30 days. The judge renders judgment if either spouse still desires a divorce after the delay.
Two important caveats should be considered if you are seeking a divorce on the ground of incurable insanity. First, the filing party must provide proof that the insane spouse was and remains incurably insane. This proof must include testimony from medical or psychiatric experts. Second, any dissolution of marriage granted on the grounds of incurable insanity does not absolve the filing spouse of any lawfully imposed spousal support or alimony.
A divorce can be one of the most emotionally difficult and stressful events you will endure. Divorces—and family law in general—are often a dangerous combination of personal, familial, financial and legal issues, and it can be very difficult to keep track of every aspect.
At Mattice Law Offices, our Napa divorce attorneys understand how complex divorces are, and we know how important it is for our clients to have an experienced lawyer looking out for their interests. With a strong track record of helping clients through the divorce process, the divorce attorneys at Mattice Law Offices should be your first choice. Contact us today for a consultation.