From time to time, we get calls from individuals wanting to know how to get divorced or legally separated, and they want to know what the legal basis is for either of these. The Family Code is clear on this issue. Under Family Code § 2310, dissolution of marriage or a legal separation of the parties may be based on either:
(a) “Irreconcilable Differences”, which have caused the irremediable breakdown of the marriage, or
(b) “Incurable Insanity”.
Family Code § 2311 gives us the definition for “Irreconcilable Differences.” Per this Family Code, “Irreconcilable Differences” refers to:
“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.”
Most petitions for dissolution of marriage or legal separation in California are based on “Irreconcilable Differences”. However, a smaller amount of such petitions are based on “Incurable Insanity”. Family Code § 2312 gives us the definition of “Incurable Insanity”.
Per Family Code § 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.”
However, even if a dissolution of marriage is granted on the grounds of “Incurable Insanity”, a spouse may still be liable for support of his or her spouse. This is addressed under Family Code § 2313. Under Family Code § 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.”
We hope that the information in this blog gives you some helpful insight regarding the legal basis for dissolution of marriage or a legal separation. If you or a loved one needs assistance with dissolution of marriage, legal separation, or any type of family law matter, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive Southern California family law attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.
