What Are Grounds for Divorce?

San Jose California Divorce Lawyer

In the state of California, the first bureaucratic step towards ending a marriage is filing a Petition for the Dissolution of Marriage, also called a Petition for Divorce. This document is a formal request for the Superior Court to end the marriage and assist with any legal disputes that may rise from it, such as child support or division of property.

Anyone filling out such a petition must name the reasons for ending his or her marriage, legally called the grounds for divorce. California law recognizes two reasons to end a marriage:

• Irreconcilable Differences
• Incurable Insanity

This kind of divorce law is called no fault divorce, and California was the first state in the US to institute this policy. Previously, a person had to submit evidence of adultery, abuse, or other crimes before a marriage could be ended. These days, a couple only needs to demonstrate that the factors listed above have irreparably damaged their marriage. But what exactly do these terms mean?

Irreconcilable Differences

Under our state’s divorce laws, “irreconcilable differences” does not have a very specific definition. In fact, it is intended to be vague so that unhappy couples will not be forced to stay legally married. They refer to any problems within a marriage that cannot be adequately resolved. Basically, the court is allowed to decide whether a marriage has reached the point where it needs to end.

The two parties involved in a marriage do not have to be in agreement about whether or not divorce is the best option for them. A person may request and be granted a divorce without his or her spouse’s permission.

Incurable Insanity

If a person can demonstrate in court, with the testimony of a psychological expert, that his or her spouse is legally insane, that person may be granted a divorce. It is important to note that a divorce will not necessarily relieve the petitioner from the legal responsibility to support the mentally ill spouse.

Contact a California Divorce Attorney

To speak with an experienced California divorce attorney, contact the offices of Daniel Jensen at 408-296-4100 today.