What are the Grounds for Divorce in Irvine?

Traditionally, a couple who was divorcing would need to provide a specific reason why the marriage had to end. The spouse who had petitioned for the divorce had to show that there was something wrong, like abuse or neglect in the marriage or adultery.  In many cases, couples who wanted to get a divorce because they simply did not get along wound up creating a legal fiction to justify their divorce in the eyes of the court. As divorce became more widespread and much more accepted, this process of requiring a specific reason to end a marriage began to seem ridiculous and outdated. 

States introduced no fault grounds for divorce and, today, the vast majority of divorces are no fault. In fact, there are only two grounds for divorce in Irvine now under California law: irreconcilable differences and incurable insanity.  You will need to state the grounds for divorce when you file your petition to dissolve your marriage. An Irvine family lawyer at Brown & Charbonneau, LLP can help you to understand the requirements for completing court paperwork and can assist you throughout the entirety of your divorce. Call today to learn more.

Grounds for Divorce in Irvine

If you wish to pursue a divorce because of incurable insanity, you will need to have clear and documented medical proof from a licensed professional that your spouse is not mentally sound.  Divorces based on grounds of incurable insanity are relatively rare. The California Family Code Section 2310-2313 makes clear that a dissolution of marriage granted on the grounds of permanent legal incapacity will not relieve a spouse from obligations imposed by law due to the marriage. This means that you may still be required to provide alimony or spousal support to the incapacitated spouse if the length of your marriage and other related factors make support appropriate.

Since incurable insanity or incapacity is relatively rare, most people who get a divorce simple indicate that the grounds for divorce in Irvine are irreconcilable differences. California Family Code Section 2310-2313 stipulates that these the irreconcilable differences must have caused an “irremediable” breakdown of your marriage.  The irreconcilable differences must also be considered “substantial reasons for not continuing the marriage” that make it clear to the court that “the marriage should be dissolved.”

Because California only has these two grounds for divorce, you will list irreconcilable differences as the grounds for your divorce even if you are getting a divorce because your spouse did do something wrong, like engage in abusive behavior or adultery or abandonment.    While abuse and adultery can sometimes be raised in court when you are addressing legal issues related to support and custody, they are not relevant when you list the grounds for divorce on your initial court filings.

An experienced Irvine divorce lawyer can help you to understand the divorce process and can assist you in moving forward with the dissolution of your marriage as quickly and effectively as possible so you can move on.  To learn more, contact Brown & Charbonneau, LLP today.