California Divorce
The basic requirements to receive a California divorce are provided by the state legislature. All who file
must initiate proceedings with state courts subject to restrictions based on age, residency and pleading format.
According to the Family Code, the superior court has jurisdiction in proceedings and may consider only two
reasons to justify a California divorce: Dissolution of the marriage or legal separation of the parties may be based
on either of the following grounds, which shall be pleaded generally: (a) Irreconcilable differences, which
have caused the irremediable breakdown of the marriage, or (b) Incurable insanity.
- 2311. Irreconcilable differences are 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.
- 2312. A marriage may be dissolved on the grounds of incurable insanity only upon
proof, including competent medical or psychiatric testimony, that the insane spouse
was at the time the petition was filed, and remains, incurably insane.
- 2313. No dissolution of marriage granted on the ground of incurable insanity relieves
a spouse from any obligation imposed by law as a result of the marriage for the support
of the spouse who is incurably insane, and the court may make such order for support, or require a
bond therefore, as the circumstances require.
California Divorce - Dissolution
A court order granting a California divorce is required to terminate the relationship, terminate continued liability
for debts of a spouse, and divide property ownership. Prior to issuance of a final decree, all orders are
temporary and may be altered based on the motion of a party in interest. While a case is pending, each party
remains liable for payment of attorney fees including advocating or disputing motions. Any case may be settled
upon mutually agreeable terms (subject to court approval), or in the absence of compromise, courts dictate terms of resolution through the
application of state law.
2334. (a) If it appears that there is a reasonable possibility of reconciliation, the court shall
continue the proceeding for the dissolution of the marriage or for a legal separation of the parties for a
period not to exceed 30 days. (b) During the period of the continuance, the court may make orders for the
support and maintenance of the parties, the custody of the minor children of the marriage, the support of
children for whom support may be ordered, attorney's fees, and for the preservation of the property of the
parties. (c) At any time after the termination of the period of the continuance, either party may move for the
dissolution of the marriage or a legal separation of the parties, and the court may enter a judgment of
dissolution of the marriage or legal separation of the parties. If either party remains clear in their demand
for a California divorce, reconciliation potential will not prevent dissolution.
2300. The effect of a judgment of dissolution of marriage when it becomes final is to restore the
parties to the state of unmarried persons.
*Unless otherwise noted, all references are to the California Family Code.
| California Divorce Topics |
- California Divorces - residency requirements, jurisdiction and venue.
- Forms - pleading format required in superior courts - petitions,
service, motions, declarations and disclosures.
- Medical Consent - responsibility and authority to provide medical
treatment for minor children of the marriage.
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| California Divorce FAQ |
- A free California divorce may be available through pro bono programs sponsored by local bar
associations based on financial hardship.
- For general assistance with divorce, California superior courts are not allowed to provided parties
with what may be considered legal advice. All California divorce courts are conducted by superior courts.
- A California divorce index is maintained by each county clerk, including California divorce papers,
pleadings, motions and orders for each case. Courts may seal records to maintain privacy in special
circumstances. All courts allow general factual pleadings, and strongly discourage unnecessary and/or
inflammatory accusations.
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| California Divorce Help |
- California Divorce - Grounds for
divorce, forms required, consent, and the effect of a judgment of dissolution of marriage.
- California Divorce Laws - primarily
provided by the Family code, but modified by case law interpretations, rules of civil procedure and rules
of evidence. Local rules may also apply.
- California Divorce Information -
assistance, advice, online support groups, online chat boards and other general help available.
- Divorce in California -
General trends and statistics relating to dissolution, parsed by age and gender.
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