Dissolution of Marriage
0 CommentsThe dissolution of marriage, commonly known as divorce, is a legal process by which a marriage is formally terminated. In California, a state that follows a “no-fault” divorce model, the grounds for dissolution are straightforward, yet the implications of this legal action can be complex. Whether you’re considering filing for divorce or simply want to understand the process better, knowing the grounds for dissolution is essential.
No-Fault Divorce in California
California is a no-fault divorce state, meaning neither party needs to prove wrongdoing by the other spouse to get a divorce. Instead, the petitioner (the spouse filing for divorce) only needs to state that irreconcilable differences have caused a breakdown in the marriage. This is designed to make the process less adversarial and prevent the need for one spouse to blame the other for the breakdown of the marriage.
1. Irreconcilable Differences
The most common ground for divorce in California is “irreconcilable differences.” This vague term refers to any circumstances that have caused the spouses to no longer get along. Whether it’s constant conflict, growing apart, or differences in values or life goals, this ground is enough to file for divorce. Importantly, only one spouse needs to believe that these differences exist, and the court will not typically inquire further into the reasons.
2. Incurable Insanity
The only other legal ground for divorce in California is “incurable insanity.” If one spouse is declared mentally ill and it is deemed that the condition is permanent, the other spouse may file for divorce on this basis. However, this ground is rarely used because it requires medical proof that the spouse’s condition is indeed incurable.
Separation vs. Dissolution of Marriage
It’s important to differentiate between legal separation and dissolution of marriage. In a legal separation, the couple remains legally married but lives apart and handles financial and legal matters separately. While dissolution ends the marriage entirely, legal separation is often used by couples who may have religious or personal reasons for staying married or who want to retain certain legal benefits (e.g., health insurance) that would end with a divorce.
Filing for Divorce in California
To file for dissolution of marriage in California, the following residency requirements must be met:
- One spouse must have been a resident of California for at least six months before filing.
- Additionally, one spouse must have lived in the county where the divorce is being filed for at least three months.
Once these conditions are met, the petitioner can file the necessary forms with the court. After filing, California mandates a six-month waiting period before the divorce is finalized. During this time, the couple may negotiate agreements related to child custody, property division, and spousal support.
How Does Fault Play a Role in California Divorce?
Although California does not require proof of fault to dissolve a marriage, fault can still be relevant in certain cases, such as:
- Child custody: Issues like domestic violence, substance abuse, or neglect may influence custody decisions.
- Spousal support: In cases of domestic violence, the victimized spouse may be entitled to additional support.