The last thing newlywed couples have on their minds is getting a divorce. However, the divorce rate in the United States is the sixth highest globally. Accordingly, in 2024, divorce will occur in close to 50% of all marriages. Put another way, there will be close to 200,000 divorces in California this year. As such, it makes sense to be informed, even if divorce is not currently “on the table” in any particular marital relationship.
California state law recognizes only two categories of divorce grounds. Irreconcilable differences are the first. Incurable insanity is the second.
Understanding grounds for divorce in California
California only recognizes two grounds for divorce, which are important to understand before filing.
- Irreconcilable differences: This is the most typical reason for divorce since California is a “no-fault” divorce state. When you file for divorce citing irreconcilable differences, you are effectively saying that no one person is to blame for the marriage’s breakdown. Rather, the two parties involved can’t find a way to get past their differences.
- Incurable insanity: Though this is recognized as grounds for divorce in California, it is not used very often. One spouse would have to provide proof from a medical professional that their partner is insane and that their condition is incurable.
If grounds for divorce have been established, you can proceed with filing for divorce.
More about divorce in California
To file for divorce in California, one of the parties involved must have been a state resident for at least six months. Moreover, the divorce petition should be filed in a county where either one or both parties have lived for a minimum of three months.
It is important to remember that California is a community property state, meaning that any assets acquired during the marriage will generally be considered belonging to both parties and split accordingly by a judge in the event of litigation. As such, it is generally wise for anyone who is considering divorce – and who is concerned about property division, child custody, etc. – to seek personalized feedback as proactively as possible.