When facing the difficult decision to end a marriage, understanding the legal grounds for divorce is essential. In California, the divorce process is guided by specific laws and regulations that determine how the dissolution of a marriage can proceed.
The Law Offices of Christopher L. Hoglin, P.C., serving families throughout San Marino, San Gabriel Valley, and Los Angeles, is here to help you navigate this complex area of law and ensure your rights are protected.
No-Fault Divorce State
California is a “no-fault” divorce state, meaning that neither spouse is required to prove the other spouse's wrongdoing to obtain a divorce. The courts do not assign blame or consider specific fault when granting the dissolution of a marriage. Instead, the focus is on whether irreconcilable differences exist between the spouses.
Grounds for Divorce in California include:
Irreconcilable Differences: This is the most common reason cited in divorce cases. Irreconcilable differences simply mean that the couple can no longer get along, and there is no hope for reconciliation. The court does not require either party to prove fault; instead, it recognizes that the marriage has broken down beyond repair.
Incurable Insanity: While rarely used, incurable insanity is a legal ground for divorce in California. To successfully file for divorce on this basis, the spouse claiming incurable insanity must provide medical proof that their partner was insane when the divorce petition was filed and that the insanity is considered incurable.
Legal Separation vs. Divorce
In California, couples also have the option of pursuing legal separation instead of divorce. Legal separation allows couples to live apart and address matters such as child custody, support, and property division without officially ending the marriage. Legal separation is often chosen by couples who may have religious objections to divorce or want to maintain certain benefits, such as health insurance, that would otherwise be lost in divorce.
If you're uncertain about whether to pursue legal separation or divorce, the experienced attorneys at The Law Offices of Christopher L. Hoglin, P.C., can help guide you through this important decision.
Key Points to Consider
Waiting Period: In California, there is a mandatory six-month waiting period before a divorce can be finalized. This period begins once the divorce papers are served to the other spouse. Even if both spouses agree to the divorce, this waiting period is required by law.
Residency Requirements: To file for divorce in California, at least one spouse must have been a resident of the state for six months and a resident of the county where the divorce is filed for three months.
Property Division: California is a community property state, meaning that assets and debts acquired during the marriage are typically divided equally between both spouses. This rule applies regardless of who earned the income or whose name is on the title of the property.
Protecting Your Rights During Divorce
Divorce can be an emotionally and financially draining experience. Having a skilled family law attorney by your side can make all the difference in protecting your rights and ensuring a fair outcome. At The Law Offices of Christopher L. Hoglin, P.C., we provide personalized, compassionate representation to clients going through divorce and other family law matters in San Marino, San Gabriel Valley, and Los Angeles.
If you are considering divorce or need help with any family law issue, contact our office today at (626) 653-4075 for expert legal guidance.