If you have reached the point where considering the dissolution of your marriage in San Mateo has become an option, then you should know that seeking a divorce is often slightly more complicated than many realize. While state lawmakers certainly do not intend for you to remain in a marriage in which you are unhappy, there is still the legal requirement of citing grounds for divorce. At the same time, you have probably heard that California is a no-fault state when it comes to divorce. These two facts seem to many to contradict each other, when in fact they do not.
Per Section 2310 of California’s Family Code, the state recognizes two valid reasons for divorce. The first is if your spouse is permanently incapacitated to the point of not being able to make decisions for themselves. The second is irreconcilable differences. This simply refers to the breakdown of a marital relationship to such an extent that no amount of intervention (e.g. marital counseling) is likely to save it. Factors that may contribute to such differences may include:
- Financial struggles
- Fundamental philosophical differences
Irreconcilable differences are often cited in divorce cases.
A no-fault divorce simply means that neither party to a marriage needs to be blamed for its deterioration. Where this applies to grounds for divorce is in citing the nature of irreconcilable differences. If you claim that these are the reason you are seeking a divorce, then neither you or your soon-to-be ex-spouse need to be viewed as the source of your marital strife. Rather, the court simply recognizes the fact that it is indeed present and has contributed to the breakdown of your relationship.