The legal dissolution of marriage in California operates under a no-fault system. This means that a party seeking to end the marriage need not prove wrongdoing by the other spouse. The primary grounds for a divorce decree are irreconcilable differences, which indicate that the marital relationship has broken down to the point that it cannot be repaired, and incurable insanity. Irreconcilable differences represent the most common basis for marital dissolution filings within the state.
The implementation of no-fault divorce laws represents a significant shift in family law history. Prior to their adoption, proving fault was often a lengthy and adversarial process. The no-fault system aims to reduce the acrimony associated with divorce proceedings, focusing instead on the practical aspects of asset division, child custody, and spousal support. It acknowledges that relationships can simply dissolve, regardless of individual blame, and provides a pathway for individuals to legally separate and rebuild their lives. This approach often facilitates a more amicable resolution of disputes.
