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California: Grounds for Divorce in California

Each state has unique grounds in which a dissolution of marriage may be granted by the court. When choosing the grounds for your dissolution of marriage, you should always remember that you must have sufficient proof to the court that your marital situation warrants a dissolution of marriage by the grounds you are requesting.

Grounds for Filing: The Petition for Dissolution of Marriage must declare the appropriate California grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:

Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally: (a) Irreconcilable differences.

Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.

(b) Incurable insanity.

A marriage may be dissolved on the grounds of incurable insanity only upon proof, including competent medical or psychiatric testimony, that the insane spouse was at the time the petition was filed, and remains, incurably insane.

(California Code - Sections: 2310)

Copyright Notice: The above synopsis of California grounds for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.

If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in place in order to help prevent rash decisions to terminate a marriage.

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