Last Updated on April 11, 2024
The two grounds detailed in CA laws are irreconcilable differences and incurable insanity. The first one enables spouses to concentrate on the dissolution of marriage California instead of defining the faults and nurturing the revenge plans. Meanwhile, the latter variant is quite a rare choice and requires special evidence to be deemed valid. Even with such a minimum of divorce options California, you can succeed in putting your marriage to the end after thorough research and cooperation with relevant specialists.
Irreconcilable Differences
There is one and only way to appeal to no-fault divorce in CA. You ought to finalize your relationships officially opting for irreconcilable differences as the main reason for your choice. It stipulates that you can no longer exist as a couple since you share no similar views, principles, feelings so that you will acquire a better life quality after terminating your marriage only.
Such a scenario leaves no place for claiming guilt of a relationship failure belonging to any of the spouses. Thus, partners have more space and opportunities to work on the mutually beneficial divorce aftermath. Spouses ought to discuss and come to terms with the major divorce points stipulated in the local family law.
If you have a desire, you can mention any of the faults your partner is responsible for, whether it is domestic violence or adultery. But they are usually not considered when decisions on your divorce results are made. The only impact the severe relationship problems may have is on the custody and visitation decisions. In such a case, the choices will be made in the best interests of your children.
Incurable Insanity
If you choose to finalize your marriage due to incurable insanity or, in other words, permanent legal incapacity on personal decisions, your bare claims will be not enough to proceed. This implies you have to provide official proof of your marital situation. It can only be a relevant medical or psychiatric testimony to evident your partner being legally disabled to make any decisions at the moment of filing and after that. Plus, you may be required to deliver the claims that illustrate the lack of possibilities to change the situation for the better in any way. Otherwise, you may be accused of spousal abandonment and get penalized by social services.
With the process being complicated and requiring much paperwork, this ground is rarely exploited to end the marriage in California. The further legal details and explanations are laid out in the California Family Code.
With CA belonging to no-fault states, your marriage may be finalized quickly and easily. You can also explore the possibilities of legal separation or annulment of your marriage before you opt for divorce. These procedures may be covered faster and require less effort and finances to succeed.
Meet the residency requirements, decide on your reason for divorce, collect the required papers, and appeal to the local officials to end your relationships successfully. Mind that cooperation with your partner and relevant professionals will only simplify your case and add to beneficial aftermath.