Divorce Law - California (US)

The process for getting divorce in California is as follows:

1. The spouse filing for divorce will need to complete a document called the "Petition for Dissolution of Marriage"
2. The "Petition for Dissolution of Marriage" will require the spouse seeking divorce to state the ground for which divorce is to be granted
3. The grounds for divorce have to be either

• Irreconcilable differences. This is where one spouse feels that the relationship has broken down to the extent that it can not be salvaged. The court will then consider granting divorce under the Irreconcilable differences grounds.
• Incurable insanity. This is where one spouse can prove, using actual official medical or psychological report, that the other spouse is mentally unstable or ill. This has to be proved at the time when the "Petition for Dissolution of Marriage".

This document is then filed with the California court, with any evidence to justify the grounds for divorce, and the court will then consider the case. However, it is important that you understand that the spouse filing divorce does not have to prove grounds for divorce. This means that one spouse can request the court under the Irreconcilable differences, without the consent from the other spouse, or even if the other spouse disagrees.(Please note that one of the spouse has to be resident in California for at least 6 months).

Under California Law the assets (which includes houses, cars, income earned etc) are divided equally between the married couple. Spousal Support must also be paid depending on the length of the marriage.