The grounds for divorce in California are established by Family Code §2310. California was the first state in the nation to adopt no-fault divorce, doing so in 1969 under then-Governor Ronald Reagan. Today, California recognizes only two grounds for dissolution of marriage under Family Code §2310: irreconcilable differences that have caused the irremediable breakdown of the marriage, and permanent legal incapacity to make decisions. In practice, virtually every California divorce is filed on the grounds of irreconcilable differences.

California divorce laws under the Family Code establish this as a no-fault state. Understanding California family law on divorce grounds is the starting point for any dissolution proceeding.

What "Irreconcilable Differences" Actually Means

Irreconcilable differences is a broad, non-specific ground that requires no proof of fault, wrongdoing, or specific conduct. One spouse's testimony that the marriage has broken down — without any agreement from the other spouse — is legally sufficient to establish irreconcilable differences and obtain a divorce. Family Code §2311 defines irreconcilable differences as those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.

In practice, this means that if one spouse wants a divorce, California law does not allow the other spouse to legally prevent it by disputing the grounds. A spouse may contest the property division, spousal support, custody, and virtually every other issue in the case — but contesting the grounds themselves is legally futile under California's no-fault framework.

Does Fault Matter at All in California Divorce?

While California eliminated fault as a ground for divorce, fault and misconduct are not entirely irrelevant in every aspect of a California dissolution. There are specific circumstances where a spouse's conduct during the marriage can affect the outcome of the case.

Under Family Code §4324, a spouse convicted of attempting to murder the other spouse may not receive spousal support or a share of the other spouse's retirement benefits. Under Family Code §721, spouses owe each other a fiduciary duty during the marriage and during the dissolution proceeding — a spouse who breaches this duty by concealing assets, making unauthorized transfers, or otherwise misappropriating community property may be sanctioned by the court and required to pay the other spouse's attorney fees under Family Code §1101.

Domestic violence is also relevant. Family Code §4325 creates a rebuttable presumption that a spouse who is found to have committed domestic violence within five years of the divorce filing should not receive spousal support. Courts may also consider domestic violence in determining custody under Family Code §3044, which creates a rebuttable presumption against awarding custody to a parent who has perpetrated domestic violence against the other parent or the children.

Permanent Legal Incapacity — The Second Ground

The second ground for dissolution under Family Code §2310 — permanent legal incapacity to make decisions — is rarely used. It requires medical evidence establishing that the respondent spouse has a permanent mental condition that prevents them from making decisions about their personal affairs. This ground is distinct from temporary incapacity and requires a higher evidentiary standard than irreconcilable differences.

Legal Separation vs. Divorce in California

California also allows legal separation as an alternative to dissolution. A legal separation uses the same grounds as dissolution and allows the court to address property division, support, and custody — but it does not terminate the marital status. The parties remain legally married. Legal separation is chosen by some couples for religious reasons, to maintain health insurance coverage under a spouse's plan, to preserve Social Security or pension benefits tied to marital status, or when a spouse does not yet meet the residency requirements for dissolution in California.

Under Family Code §2320, a spouse must have been a California resident for six months and a county resident for three months before filing for divorce. There is no residency requirement for legal separation, which is why some couples file for legal separation first and then convert the case to dissolution once the residency requirement is met.

The Difference Between Separation Date and Filing Date

The date of separation — defined by Family Code §70 as the date a complete and final break in the marital relationship occurred — is legally significant in California divorce. It is the date as of which community property stops accumulating under Family Code §771 and separate property begins. When spouses dispute the date of separation, the court must determine when the objective and subjective evidence supports a finding that the marriage was finally and completely broken.

The filing date — when the petition for dissolution is submitted to the court — starts the six-month mandatory waiting period under Family Code §2339 running from service of the petition on the respondent. These are distinct dates that serve different legal purposes.

Serving Orange County and Riverside County Clients

Furubotten Law, APC has guided California families through every type of dissolution proceeding for 30 years. Whether your divorce is straightforward or involves complex property, children, support disputes, or misconduct, we provide the experienced representation your case requires. Call (714) 795-3862 to schedule a complimentary case evaluation at our Huntington Beach or Murrieta office. We serve Orange County, Temecula, Murrieta, and the full mid-county Riverside County area.