When pursuing divorce, you may not be aware of what the grounds for divorce are, or even what 'grounds for divorce' means. The word 'ground' is the same as a 'reason' for getting a divorce. California has a set of recognized reasons for a married person to get a divorce. When filling out a petition, you will need to fill in your specific grounds for filing to dissolve your marriage.
One key factor that plays into this is that California adopted a 'no-fault' divorce. In fact, California was the first state to allow for this type of divorce. No-fault divorce essentially allows any married person to dissolve their marriage without having to prove fault or grounds for divorce aside from there being irreconcilable differences in the marriage. The state of California allows a married person to pursue 'no-fault' divorce based on irreconcilable differences or incurable insanity.
To file for a 'fault' divorce, you will have to file on one of the following grounds:
- Cruelty
- Adultery
- Desertion
- Prison Confinement
- Inability to have Sexual Intercourse
The main reason that someone may choose to file a fault divorce rather than a no-fault divorce is due to the waiting period required in filing a no-fault divorce. In order to file for any type of divorce, you will have to fulfill the residency requirements in place. In California, one party must have been a resident of CA for six months and also a resident of the county that you are filing for three months.
If you have any questions regarding filing for divorce or the grounds needed to pursue divorce, we are here to help. We have more than 4 decades of collective experience helping clients file for divorce.
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