Legal Grounds for Divorce

While the laws regarding reasons for divorce can vary greatly from state to state, the state of California recognizes only two reasons as grounds for divorce.

Irreconcilable Differences

Most divorces are filed based on irreconcilable differences, which means that the couple feels that there are disagreements in the marriage that cannot be addressed and made to work. These could be things that are impossible for one or both people to change, or that one or both are unwilling to change. There are many issues that can be considered irreconcilable differences.

Incurable Insanity

If one person in a marriage becomes permanently disabled by a mental health condition to the extent of being considered insane, this can also be grounds for divorce. If this is the reason cited in a divorce filing, the courts will likely want proof that one member of the marriage is actually permanently insane. They may want for experts to testify that the individual in question was insane at the time of the divorce filing and that they have continued to exhibit those same signs of insanity.

If you are considering a divorce and are unsure if your case would fall under either of these two categories, you may wish to contact a knowledgeable divorce lawyer who can advise you on your legal options.

Contact Us

Going through the process of ending a marriage or domestic partnership is almost always a difficult experience, both emotionally and financially. You deserve to have someone on your side who is watching out for your best interests. Call 760-722-7646 to speak to the Oceanside divorce attorneys of Fischer & Van Thiel, LLP, about your legal options today.