California is a no-fault divorce State. In California, a person may obtain a divorce based on either irreconcilable differences or incurable insanity. Fam. C. 2310(a) & (b). For a divorce based on irreconcilable differences, the dissolution of marriage is granted if the court finds that such irreconcilable differences have caused the irremediable breakdown of the marriage. Fam. C. 2310(a). This means that one spouse can obtain a divorce based on irreconcilable differences even if the other spouse does not want a divorce. For a divorce base on incurable insanity, the dissolution of marriage is granted if the court finds upon proof that the spouse was incurably insane at the time the petition was filed and remains so at the time of hearing and judgment. Fam. C. 2312.
Nezam & Associates, your Los Angeles & Orange County Divorce Lawyers at (310) 994-9923 today for a Free consultation regarding your family law questions including questions about your divorce, spousal support, child support, child custody and premarital agreements (prenups).