Grounds for Divorce in California: No-Fault, Fault and Separation Requirements
California has two grounds for divorce: irreconcilable differences that caused the irremediable breakdown of the marriage, and permanent legal incapacity to make decisions. No fault and no separation period is required.
What are the grounds for divorce in California?
Two, and either may be pleaded generally (Family Code 2310).
| Ground | Section | What it requires |
|---|---|---|
| Irreconcilable differences | 2310(a) | Substantial reasons for not continuing the marriage that make it appear the marriage should be dissolved (2311); pleaded generally |
| Permanent legal incapacity to make decisions | 2310(b) | Proved with competent medical or psychiatric testimony (2312) |
Is California a no-fault state?
Yes. Neither spouse has to prove the other did something wrong. Irreconcilable differences, which have caused the irremediable breakdown of the marriage, are the ground used in almost every case, and the court decides only whether they exist; it does not weigh fault for the dissolution itself.
Does California require a separation period?
No. The grounds do not require living apart for any period, and the timeline is set by the six-month rule from service or appearance. See the California divorce timeline calculator.
Can one spouse stop a divorce by refusing to agree in California?
Not by refusing alone. The statute defines irreconcilable differences as the grounds the court determines to be substantial reasons for not continuing the marriage that make it appear the marriage should be dissolved (Family Code 2311), so the finding does not depend on both spouses agreeing; the six months simply run.
Does fault matter in California?
Not to the dissolution. Domestic violence can affect custody, because there is a rebuttable presumption against awarding custody to a parent who perpetrated it within the previous five years (Family Code 3044). Property is divided equally unless the spouses agree otherwise in writing (Family Code 2550). See the California property division calculator and the California alimony calculator.
What is permanent legal incapacity in California?
A ground used rarely: the court needs competent medical or psychiatric testimony that the spouse has the permanent legal incapacity to make decisions, and a dissolution on that ground does not relieve the other spouse of any legal support obligation (Family Code 2312, 2313).
What happens to support if incapacity is the ground in California?
A dissolution on the ground of permanent legal incapacity does not relieve a spouse of any obligation imposed by law as a result of the marriage for the support of the spouse who lacks capacity, and the court may make a support order or require a bond as the circumstances require (Family Code 2313). See the California alimony calculator.
Do the same grounds apply to legal separation in California?
Yes. Section 2310 covers both a dissolution of the marriage and a legal separation, and both grounds are pleaded generally, so the petition does not have to describe the spouses’ conflicts in detail (Family Code 2310).
What counts as a substantial reason in California?
The statute defines irreconcilable differences as those grounds the court determines to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved (Family Code 2311). Trivial or minor disagreements do not meet that test, but the court looks at the marriage as a whole rather than at who caused the breakdown.
Do the grounds change the timeline in California?
No. The residence rules and the six months apply whichever ground is pleaded, and the California divorce timeline calculator shows the same earliest dates for both.
Frequently asked questions
What are the grounds for divorce in California?
Irreconcilable differences that caused the irremediable breakdown of the marriage, or permanent legal incapacity to make decisions.
Is California a no-fault divorce state?
Yes. No spouse has to prove fault to get a divorce.
Is a separation period required for a California divorce?
No separation period is required; the six-month wait runs from service or appearance.
Can my spouse refuse a California divorce?
A spouse cannot block a dissolution by refusing to agree.
Does domestic violence affect California custody?
A finding of domestic violence in the previous five years creates a rebuttable presumption against sole or joint custody for the perpetrator.
Official sources
- Family Code 2320: residence requirements
- Family Code 2339: six-month period before a judgment is final
- Family Code 2310: grounds for dissolution or legal separation
- Family Code 2400: summary dissolution
- Family Code 3170: mediation of contested custody
- Family Code 3421: initial child custody jurisdiction
- Family Code 3044: domestic violence presumption in custody
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited California statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed California attorney.