California is a no-fault divorce state. That means you don’t have to give the court a detailed reason for the breakup or prove that your spouse did something wrong. Instead, there are only two official legal grounds for divorce in the state.
Most people file under “irreconcilable differences,” which means the marriage cannot be fixed. You only need to state that the relationship has broken down and that there is no chance of getting back together.
You don’t have to provide details or explain what went wrong—just that the relationship cannot be repaired. This allows couples to end their marriage without blame and helps avoid lengthy, stressful legal battles.
There is one other official reason for divorce under California law—permanent legal incapacity. This applies when one spouse has a mental condition that makes them unable to make decisions about their life or finances. A licensed medical professional must confirm the condition, and this ground is rarely used. It is generally only relevant in extreme situations involving long-term mental illness.
Even though California doesn’t officially allow fault-based divorce, that doesn’t mean issues like adultery, abuse, or addiction are irrelevant. These things can still affect the outcome of a case, especially in high-conflict or contested divorces.
The idea behind no-fault divorce is to make the process less stressful and more private. Neither spouse needs to prove that the other was responsible for the breakdown of the marriage. This helps avoid long, expensive fights over who was “at fault.”
But no-fault doesn’t mean the divorce will be easy. You still have to sort out important issues like child custody, spousal support, property division, and debt. These things can become major issues, even when both spouses agree to end the marriage peacefully.
If your case involves complex financial matters or emotional conflict, a divorce lawyer can help you understand how to protect your rights without getting pulled into unnecessary battles.
Even though California doesn’t allow you to file for divorce based on bad behavior, the court can still consider serious misconduct when making decisions about money or custody.
For example, if one spouse has a history of drug addiction or alcohol abuse, it might affect child custody. If one person spent large amounts of money on an affair or drained joint accounts before the divorce, that can impact how property is divided. Abuse, violence, and criminal convictions may also play a role in deciding whether someone pays or receives spousal support.
Common examples of harmful behavior that may come up during a divorce include:
While these actions won’t change the grounds for divorce, they can still shape the final outcome. A CA divorce lawyer can help present this information in a way that supports your case, especially in a contested divorce.
If you’re not ready to file for divorce, legal separation may be another option. In California, legal separation follows the same laws and doesn’t require fault. Just like divorce, you can file based on irreconcilable differences or permanent legal incapacity.
Some couples choose legal separation for personal, religious, or financial reasons. It lets them live apart and resolve issues like child support, custody, and finances without officially ending the marriage. If you decide later to move forward with divorce, the separation can help lay the groundwork.
If you’re thinking about divorce, it’s important to understand your rights and responsibilities under California law. While you don’t need to list specific reasons for divorce, a family law attorney can help you navigate situations involving addiction, abandonment, or other serious issues.
A grounds for divorce attorney can also help you decide how and when to file, especially if your spouse has behaved in ways that may affect custody or financial support. If you’ve already been served with divorce papers and you’re not sure how to respond, we can walk you through your options and make sure your side of the story is heard.
At Atighechi Law Group, we understand how emotional and complex divorce can be. We’re here to support you with honest advice and strong representation throughout the entire process.
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