Dissolution/Divorce
Pursuant to Family Code Section 2310 et seq, a marriage dissolution or legal separation can be obtained in California only on grounds of irreconcilable differences or incurable insanity.
The Family Code is a set of rules that governs the dissolving (or finishing up) or a marriage. The dissolution of a marriage involves distributing community property and determining child support and spousal support.
Dissolution of marriage and legal separation are governed by Fam. Code § 2000 et seq. Property rights of the parties on
dissolution are governed by Fam. Code § 2500 et seq. The means by which a marriage may be terminated are set forth
in Fam. Code § 310 and the general jurisdiction of the superior court in Fam. Code §§ 200 and 2010.
Pursuant to Fam.C. § 2310(a) & (b), a marriage dissolution or legal separation can be obtained in California only on grounds of irreconcilable differences or incurable insanity.
In almost all cases Invariably, a marriage dissolution or legal separation is sought on the ground of“irreconcilable differences, which have caused the irremediable breakdown of the marriage. This is a very low standard and the court only need find that there are “substantial reasons for not continuing the marriage and which make it appear the marriage should be dissolved.”
California is a "no-fault" state, meaning the court need not find fault in the parties. Case law states that the irreconcilable differences ground is purposely broad. It is intended to represent the actual reasons underlying marital breakdowns and at the same time make irrelevant questions of “fault” or misconduct by either party. The only relevant question to the court is whether the marriage, taken as a whole, is past saving.
Once dissolution proceedings have begun, the parties generally request, and the court grants, temporary orders related to child support, spousal support and property division. Oftentimes, domestic violence restraining orders are also probative at this time.
The Family Code is a set of rules that governs the dissolving (or finishing up) or a marriage. The dissolution of a marriage involves distributing community property and determining child support and spousal support.
Dissolution of marriage and legal separation are governed by Fam. Code § 2000 et seq. Property rights of the parties on
dissolution are governed by Fam. Code § 2500 et seq. The means by which a marriage may be terminated are set forth
in Fam. Code § 310 and the general jurisdiction of the superior court in Fam. Code §§ 200 and 2010.
Pursuant to Fam.C. § 2310(a) & (b), a marriage dissolution or legal separation can be obtained in California only on grounds of irreconcilable differences or incurable insanity.
In almost all cases Invariably, a marriage dissolution or legal separation is sought on the ground of“irreconcilable differences, which have caused the irremediable breakdown of the marriage. This is a very low standard and the court only need find that there are “substantial reasons for not continuing the marriage and which make it appear the marriage should be dissolved.”
California is a "no-fault" state, meaning the court need not find fault in the parties. Case law states that the irreconcilable differences ground is purposely broad. It is intended to represent the actual reasons underlying marital breakdowns and at the same time make irrelevant questions of “fault” or misconduct by either party. The only relevant question to the court is whether the marriage, taken as a whole, is past saving.
Once dissolution proceedings have begun, the parties generally request, and the court grants, temporary orders related to child support, spousal support and property division. Oftentimes, domestic violence restraining orders are also probative at this time.