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Why are People Granted a Divorce in California?  (Grounds for Legally Dissolving a Marriage or Domestic Partnership)

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There are "no fault" requirements to get a divorce in California.

The State of California assumes that people who get married or register a domestic partnership are reasonable, mature adults, and that people who want to get "unmarried" or end a domestic partnership are reasonable, mature adults. There is no need to prove "fault" of one or the other spouse or partner.

The only two grounds for divorce in California are:

  • irreconcilable differences, or
  • incurable insanity. (See California Family Code Sections 2310, 2335) Opens new window

Normally, people just give "irreconcilable differences" as their reason for wanting a divorce. They don't have to prove anything. There is no "guilty" or "non-guilty" person, from the court's point of view.

The only thing the court is interested in is helping the separating spouses or partners reach a fair agreement about how their life will be restructured after the divorce so they can move ahead to rebuild their lives.

 

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