Grounds For Divorce

In California, a divorce is officially called a dissolution of marriage. In a dissolution, the court declares the matrimonial contract broken. Historically, divorces could only be granted within specific parameters, such as adultery and mental cruelty. However, since the application of statute no. 2310 in 1970, those limitations have been removed.

Today, a divorce is granted on the grounds of "irreconcilable differences." Irreconcilable differences are any grounds the court determines to be substantial reasons for the marriage not to continue. California was also the first state to implement the concept of a "no-fault divorce." In effect, this means that a married person may terminate the marriage even if the other person disagrees.

Another statute related to irreconcilable differences is statute no. 2334, where the court will delay the divorce proceeding for up to 30 days if it appears there is a reasonable possibility of a reconciliation. After the continuance ends, the court may enter a judgment of divorce on either spouse's motion.

Finally, a marriage may be dissolved on the grounds of incurable insanity -- but only if the husband or wife can prove by competent medical or psychiatric testimony that the insane spouse was incurably insane at the time of the marriage.

Divorce