Grounds for Divorce in California

All states have requirements that couples must meet before they can file for divorce, and California is no exception.  Fortunately, because California is a “no fault” state, there aren’t too many of these requirements.

In California, a couple that no longer wishes to be married can file for divorce on grounds of irreconcilable differences. Irreconcilable differences basically means that you and your spouse are experiencing differences that are so significant and so great that you cannot resolve them, and therefore your marriage can no longer work.

A far less common ground for divorce is “incurably insanity.”  A divorce can only be sought on grounds of incurably insanity if one of the spouses was clinically insane at the time the marriage petition was filed and has remained incurably insane ever since.  A doctor or psychiatrist must attest to this.

Residency Requirements

There are two residency requirements that a couple must meet before they can file for divorce:

• They must have lived in the county in which they wish to file for divorce for at least 3 months
• They must have lived in the state of California for at least 6 months

If you and your spouse do not meet these requirements, but still wish to divorce, you can always live separately until enough time has passed.