Grounds for divorce California law limits to just two options. California requires only one of two grounds for divorce — irreconcilable differences or permanent legal incapacity to make decisions. California no fault divorce law, in place since 1969, means that neither spouse needs to prove misconduct, abuse, or any specific reason for the marriage failing. Understanding what irreconcilable differences California means legally, whether fault ever matters, and what this means for your case helps you approach divorce with accurate expectations.
What Are Grounds for Divorce in California?
What are grounds for divorce in California? The only two grounds are: irreconcilable differences that have caused the irremediable breakdown of the marriage (Family Code section 2310(a)); and permanent legal incapacity to make decisions (Family Code section 2310(b)). The second ground — formerly called "incurable insanity" — requires proof that the other spouse has a permanent mental incapacity established by medical or psychiatric testimony. It is rarely used in practice.
No fault divorce California means that to obtain a divorce, one spouse simply states that irreconcilable differences exist. The other spouse cannot contest the divorce by arguing that no irreconcilable differences exist — California courts do not evaluate whether the marriage is actually "over." Either spouse can dissolve the marriage over the other's objection simply by asserting irreconcilable differences. Reasons for divorce California courts do not require to be stated — simply checking "irreconcilable differences" on the FL-100 is sufficient.
What Irreconcilable Differences Means in California
Irreconcilable differences California courts require is a legal term that means the parties have substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. It requires no showing of specific conduct — no proof of abuse, infidelity, abandonment, or any other fault. The petitioner's assertion that irreconcilable differences exist is essentially unreviewable. Courts do not investigate whether the differences are truly irreconcilable.
Does Fault Matter in California Divorce?
Fault divorce California does not exist as a grounds for dissolution. But does fault ever matter? In limited ways. Domestic violence affects custody under Family Code section 3044. Dissipation of community assets on an affair can result in a waste reimbursement. Bad-faith litigation conduct can result in attorney fee sanctions under Family Code section 271. These are not "fault" in the traditional divorce law sense — they are specific conduct that affects specific issues rather than grounds for dissolution or a basis for punishing a spouse through unequal property division.
Furubotten Law, APC handles California divorce proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.