11 December 2025
Divorce is never an easy decision, but for many individuals and families, it is a necessary step toward healing and rebuilding. If you are considering divorce in California, understanding the legal grounds for divorce is an essential first step. At Enright Family Law, we guide modern families through this process with clarity and compassion—because family no longer looks just one way, and neither should the legal path forward.
Unlike some states that require proof of wrongdoing, California offers a more simplified and progressive approach to divorce. Still, many clients come to us with important questions: Do I need to prove my spouse cheated? Can mental illness be a reason to file? What if we both agree it’s over?
Will help you understand what the legal system requires—and what it doesn’t—when initiating a divorce in California.
California is a No-Fault Divorce State
California was the first state in the U.S. to adopt no-fault divorce laws. This means that neither spouse has to prove wrongdoing or place blame on the other to be granted a divorce. The foundation of no-fault divorce is that sometimes relationships simply do not work out, and the law recognizes the right of individuals to end a marriage without needing to accuse the other party of misconduct.
In California, there are two legal grounds for divorce:
- Irreconcilable Differences
- Incurable Insanity
Irreconcilable Differences
By far the most common ground for divorce in California is irreconcilable differences. This term refers to fundamental issues that have caused the breakdown of the marriage, with no reasonable chance of reconciliation.
You do not have to provide specific details or explain exactly what the differences are. The court does not evaluate whether the reasons are valid—it is enough that one party believes the marriage cannot be saved.
Examples of irreconcilable differences may include:
- Growing apart emotionally
- Disagreements on finances, parenting, or lifestyle
- Loss of trust or communication
- Different goals or values
It’s important to understand that if one spouse wants a divorce based on irreconcilable differences, the court will grant it, even if the other spouse disagrees. This protects individuals from being forced to remain in a marriage against their will.
Incurable Insanity
The second ground for divorce in California is incurable insanity, although it is rarely used. To pursue divorce on this basis, the spouse filing must provide clear and convincing medical or psychiatric evidence that their partner has a mental condition deemed incurable.
This is not simply a matter of mood disorders or temporary emotional distress. The court must be satisfied that the mental condition is severe, persistent, and renders the individual incapable of continuing a marital relationship.
While this ground for divorce is available, most individuals still file under irreconcilable differences, as it is simpler, requires less documentation, and avoids further conflict.
Do Grounds for Divorce Affect the Outcome?
In most cases, the grounds for divorce will not impact decisions related to custody, support, or property division. Because California is a no-fault state, the court focuses on fair and equitable outcomes rather than assigning blame.
For example:
- A spouse’s infidelity will not affect their right to custody or visitation unless it directly affects the child’s safety.
- Poor behavior during the marriage does not automatically entitle one spouse to more spousal support.
- Division of property is based on community property laws, not who caused the divorce.
That said, certain types of misconduct—such as hiding assets, domestic violence, or substance abuse—can influence the court’s decisions in specific areas of the divorce, such as custody or financial penalties. But these are handled separately from the grounds for divorce itself.
Do Both Spouses Have to Agree?
No. In California, only one spouse needs to declare that there are irreconcilable differences. Even if the other spouse does not want the divorce or refuses to participate, the court can proceed with a “default judgment,” allowing the divorce to be finalized without mutual agreement.
This makes California one of the most accessible states for individuals seeking to exit an unworkable or unsafe marriage, especially when communication has broken down or one spouse is uncooperative.
Waiting Period for Divorce in California
Even after filing for divorce, California imposes a mandatory six-month waiting period before the divorce can be finalized. This gives both parties time to reconsider, work out terms, and prepare for the next stage of their lives. However, during this time, temporary orders related to child custody, support, and property may be put in place.
Grounds for Divorce and Modern Families
At Enright Family Law, we recognize that modern families are diverse and dynamic. Whether you're in a same-sex marriage, a blended family, or a partnership where traditional roles have shifted, the law still applies equally—but your situation may need a thoughtful, modern approach.
We support individuals who are navigating not only the legal but also the emotional complexities of separation. The dissolution of a marriage is rarely just about forms—it’s about untangling shared lives and redefining futures. And understanding your rights at every step is key to protecting your wellbeing.
How We Can Help
At Enright Family Law, we provide forward-thinking legal guidance rooted in empathy and clarity. If you are considering divorce and unsure about where to start, our team is here to explain your options, help you understand your rights, and guide you through each stage of the process.
Whether you're filing on the grounds of irreconcilable differences or facing more complex challenges related to custody, property, or mental health, we have the experience and perspective to advocate for your needs.
We proudly serve modern families throughout San Diego and are committed to helping you take confident steps toward a more peaceful and secure future. Contact us today to schedule a confidential consultation.
