California Divorce and Family Law Mediation Blog

In my last article, I compared divorce to legal separation in California, highlighting the differences and similarities. In this second part, I will summarize the grounds for a divorce or legal separation and the requirements you must meet before you can start your case in a California court.

Grounds:
California is a “no fault” state, which means that you can ask for a divorce or legal separation without having to prove that your spouse did something wrong, for example cheated on you. This also means that your spouse does not need to agree to a divorce or separation.

However, California Family Law requires that there are “irreconcilable differences” between you and your spouse. That simply means that you have substantial marital problems and that there is no hope of getting back together and saving the marriage.

A second possible ground is incurable insanity, but it is rarely used. To prevail on this ground, you must prove the insanity of your spouse and that it is incurable, which is often difficult to do.

Requirements:
If you decide to file for a divorce, you must show that one of you has been a resident of the State of California for at least 6 months. You must also show residency of at least 3 months in the county in which you want to file your case.

There is no such residency requirement if you want to file for legal separation. In addition, however, both parties must consent to legal separation.

Conclusion:
Decide whether you want a divorce or legal separation based on your needs and the needs of your family. While the majority of couples divorce, you might prefer a legal separation for personal or financial reasons as discussed in my last article. The legal grounds are the same, but if you want to get divorced, you must meet the residency requirements. If you are unsure about your situation or if you have not been a California resident for 6 months, you should always consult an attorney to learn more about your rights and to protect yourself and your family.

___________________________
Note: This article is not legal advice. It only addresses general matters and should not be relied on by readers or considered legal advice. Only California law is addressed. Contact a lawyer in your state to discuss the specifics of your case and the applicable law.

Also read: Part 1: Divorce and Legal Separation Compared

Tweet This! E-Mail This! Subscribe to my feed