In the past, California divorce law declared that a “dissolution of marriage” could only be granted under very specific circumstances. Extreme situations like adultery or mental cruelty were considered valid reasons for divorce. All of that changed, however with the application of statute no. 2310 in 1970, mentioned in this report, which states:
2310. Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally:
- Irreconcilable differences, which have caused the irremediable breakdown of the marriage.
- Incurable insanity.
Irreconcilable differences are any grounds that the court determines to be substantial reasons for the marriage not to continue. California was also the first state to implement the concept of a “no-fault divorce.” Under this California divorce law, if a married person wishes to divorce, he/she can do so, even if the other person disagrees.
Incurable insanity is the last and most drastic of the circumstances under which divorces are allowed under California Law. For this to apply, the party must be able to prove that their spouse was certifiably and incurably insane at the time of the wedding.
Divorce laws in California can be exceedingly complex. It is of the utmost importance that those seeking a divorce have experienced counsel on their side protecting their best interests. The experienced San Diego divorce attorneys at Wallin & Klarich have handled hundreds of divorces. We can help you start the rest of your life on the right foot. Please contact us today for a consultation.
