Palmer Rodak & Associates
Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal SpecializationServing your Community for 19 Years
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Examining the grounds for divorce in California

Few Oceanside residents likely enter into a marriage anticipating that it well end. However, oftentimes such relationships produce issues that are most easily rectified through divorce. Ending a marriage may seem to many to be a simple thing. However, there are certain legal standards that must be meet before a couple can initiate divorce proceedings. Some of these standards may appear to some to be complex, and in certain cases, even contradictory.

The website for the Judicial Branch of California says that the state is viewed as a “no fault” divorce state. What that means is that one can petition for a divorce without first having to prove that his or her spouse did anything to merit such action. At the same time, California law states that certain grounds for divorce must be meet in order for the dissolution of a marriage to be granted. The details of the law, however, do not necessarily place a degree of fault on either party.

According to Section 2310 of the California Family Code, the states recognizes only two grounds for divorce. The first is due to “irreconcilable differences.” Simply put, irreconcilable differences indicate that married spouses can no longer get along with each other. Some of the factors that may contribute to marital discord may be:

  •          Struggles with debt
  •          Disagreements over parenting and disciplinary tactics
  •          Communication issues
  •          Differences in religious or political views
  •          Intimacy issues
  •          Simple idiosyncrasies

While irreconcilable differences may be cited by a couple, ultimately it is the court that decides whether they are substantial enough to warrant the granting of a divorce.

The other reason one may cite for a divorce is if his or her spouse has a permanent legal incapacity to make decisions. That incapacity must be supported by medical or psychiatric testimony. 

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Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal Specialization

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Del Mar, CA 92014

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