Legal Information: California


February 16, 2022

What are the grounds for divorce or legal separation in California?

You can file for divorce or for legal separation in California based on either of the following grounds (reasons):

  1. Irreconcilable differences, which have caused the permanent breakdown of the marriage; or
  2. Permanent legal incapacity to make decisions.1 For this ground, there needs to be proof (competent medical or psychiatric testimony) that the spouse was at the time the petition was filed, and still is, lacking the legal capacity to make decisions.2

1 Ann.Cal.Fam.Code. § 2310
2 Ann.Cal.Fam.Code. § 2312

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