As a practicing family law attorney here in Southern California, one of the most common questions I hear from prospective clients is: "What are the legal grounds for divorce in California?" While every divorce case is unique, the legal foundation for filing is actually quite straightforward—California is a no-fault divorce state. That means neither spouse needs to prove wrongdoing or misconduct (like adultery or abandonment) in order to end the marriage.
Let’s break down what that really means, and what options are available if you’re considering divorce or legal separation.
No-Fault Divorce: Irreconcilable Differences
In California, the primary ground for divorce is irreconcilable differences. This legal phrase may sound vague, but that’s by design. It essentially means that the couple can no longer get along, and there’s no reasonable chance of reconciliation.
You don’t need to provide any evidence beyond stating that the marriage is irretrievably broken. The court won’t dig into who was at fault or why the relationship deteriorated—that’s private, and California law respects that privacy.
In practice, “irreconcilable differences” can mean anything from constant arguing, to growing apart, to differing values, or simply not wanting to be married anymore. As long as one spouse wants out, that’s sufficient. The other spouse doesn’t have to agree; their consent is not required for the divorce to proceed.
Incurable Insanity: The Rare Exception
While irreconcilable differences is the most common ground, California does allow one other legal ground for divorce: incurable insanity. However, this is extremely rare and requires substantial medical documentation and court testimony to prove.
Because of the complexity and difficulty of proving mental incapacity to this extent, nearly all California divorces proceed under the irreconcilable differences standard.
What About Legal Separation?
Legal separation is another legal route available to couples who no longer wish to live together as spouses but aren’t ready—or able—to divorce. This can be for personal, religious, financial, or immigration reasons.
In a legal separation, the court still makes orders about property division, child custody, support, and other key matters, but the marriage itself remains intact. You are still legally married, which means you cannot remarry unless you obtain a full divorce later.
Like divorce, legal separation can be based solely on irreconcilable differences. The process is similar, but the outcome is different because it stops short of terminating the marital status.
How Long Does It Take to Get Divorced in California?
Even if both spouses agree to everything, there’s a mandatory six-month waiting period from the date the Respondent is served with the divorce papers before a divorce can be finalized. This is the minimum—it can take longer depending on how complex the issues are, and whether the parties are able to reach agreements on their own or through the court. There have been numerous times where we submit all documents in uncontested divorces prior to the expiration of the six-month waiting period. Although matters can be resolved prior to the six-month waiting period, the Court will not place a married person as single until at least the expiration of the six-month waiting period.
Final Thoughts
At its core, California’s no-fault divorce system is designed to allow individuals to end their marriages with dignity and privacy, without the added burden of proving fault. Whether you’re filing for divorce or legal separation, understanding your rights and the process is crucial to protecting your interests—and your peace of mind.
If you’re considering divorce in Southern California and want guidance tailored to your specific situation, don’t hesitate to reach out to us. Every case is different, and the right legal advice can make all the difference.