In California, if one spouse wants a divorce, they can receive a divorce. That is because California is a “no-fault” divorce state. Either spouse can decide for any reason that they want to move to terminate the marriage and the court will grant the request for divorce.
Grounds for Divorce Under California Family Code Sections 2310-2313
People often ask us if the spouse requesting a divorce has to have a good reason for filing for divorce. If the spouse thinks he or she has a good reason, that is enough for a divorce to happen in California.
Under California Family Code Sections 2310-2313, there are two reasons you can cite for a divorce in California – irreconcilable differences and incurable insanity.
Irreconcilable differences mean that you only have to say that you and your spouse are incompatible in order to get a divorce. Because California is a no-fault divorce state, you do not have to prove circumstances. In other states, you may be required to prove that spouse is cheating on you or your spouse does not take proper care of the children in order to get a divorce. While those are good reasons for divorce, you can file for divorce for no reason at all in California.
The bottom line is simple – if you want a divorce granted, you merely have to tell the court that “irreconcilable differences” have arisen in the marriage. This is acceptable under California Family Code Sections 2310-2313.
Can I Prevent the Divorce from Happening?
“What if I am willing to go to therapy to make the marriage work?” This is a common question our family law attorneys are asked when handling divorce cases. While you may be able to convince your spouse to put the divorce on hold to attempt therapy or counseling, your spouse is not required to attend therapy or delay the divorce.
My Spouse Filed for Divorce. What’s Next?
If your spouse files for divorce, legally called dissolution of marriage in California, you are served with a petition for dissolution of marriage. You must answer the petition within 30 days.
Of course, you can try to speak to your spouse in order to convince him or her to drop the divorce. However, you must answer the petition or you could be in default. If you do not answer the petition, the court will likely grant all orders requested by your spouse in the divorce filing.
Call the Experienced Divorce Attorneys at Wallin & Klarich
If you have been served with a petition for divorce or dissolution of marriage, it is vital you contact Wallin and Klarich immediately. Our skilled and knowledgeable attorneys have over 30 years of experience handling divorce cases. We can help you obtain the best possible outcome in your family law case.
With offices located in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich divorce attorney near you no matter where you are located.
Call us today at (888) 749-7428 for a free phone consultation. We will get through this together.
