California Divorce Law: Grounds for Divorce
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|California Divorce Law
What are the grounds for divorce in California?
A California divorce is officially called a dissolution of marriage. Under California divorce law, the court declares the matrimonial contract broken. Historically, divorces could only be granted within specific parameters such as adultery and mental cruelty. However since the application of statute no. 2310 in 1970, those limitations have been removed.
Today, a divorce in California is granted on the grounds of "irreconcilable differences." Irreconcilable differences are any grounds that the court determines to be substantial reasons for the marriage not to continue. California was also the first state to implement the concept of a "no-fault divorce." Under this California divorce law, if a married person wishes to divorce, he/she can do so, even if the other person disagrees. Another statute related to irreconcilable differences is statute no. 2334, where if it appears that there is a reasonable possibility of a reconciliation, the court will continue the divorce proceeding for up to 30 days. After the continuance ends, the court may enter a judgment of divorce on the motion of either spouse.
Finally, a marriage may be dissolved on the grounds of incurable insanity under California divorce law -- but only if the husband or wife can prove by competent medical or psychiatric testimony that the insane spouse was incurably insane at the time of the marriage.
Definition of terms
In the legal California divorce process, the following terms are used in California divorce law to describe the parties involved.
Procedure for California divorce law
Legal separation: an alternative to divorce
California divorce law does make provisions for legal separation and/or nullity. However, nullity, which invalidates the marriage, is difficult to prove. If you don't want to get divorced -- for religious reasons, for example -- a legal separation is much easier to obtain than a nullity. Legal separation is used to divide the property and to provide for child support and support in cases where the husband and wife live separately but remain married. It proves advantageous in situations where a divorce would cause one of the parties to lose medical insurance, veteran's benefits, or social security benefits. To be legally separated under California divorce law, both parties must intend that the marriage be over and must act consistent with that intent.
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Bartholomew & Wasznicky
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John A. Lazor CFLS*
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Paul J. Toohey, CFP
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