Grounds For Divorce
Anyone who is seeking a divorce would believe that they have the most legitimate and compelling reason in the world to take this action. However, it may still be an insufficient reason in the eyes of the family court judge in Orange County. California Family Code specifies the valid grounds for divorce, and your divorce attorney in Orange County should be able to explain you about them.
Dissolution of marriage in Orange County, commonly called a divorce, may be granted on either of these two grounds: (a) the spouses have developed irreconcilable differences, which have resulted in an irretrievable breakdown of their marital relationship; or (b) incurable insanity of a spouse, as defined under Section 2310 of the California Family Code.
Irreconcilable Differences
California follows the “no-fault divorce” system, which means that the spouse seeking divorce simply needs to state that he or she has irreconcilable differences with their spouse, which warrants an end of the marriage. No specific grounds need to be proved in an Orange County court if you are seeking a divorce.
You do not even need to provide any evidence that irreconcilable differences have actually occurred, which have caused irremediable breakdown of the marital relationship. The courts in Orange County will not concern themselves with determining which party is at fault for causing irreconcilable differences in marriage.
As long as you state before the court that you have irreconcilable differences with your spouse, which warrant dissolution of marriage, the court in Orange County will grant a divorce, even if your spouse does not want it.
Incurable Insanity
Incurable insanity or permanent legal incapacity of your spouse is another ground for which Orange County courts can grant you divorce. However, this is never a preferred way to obtain a divorce because the burden of proof is quite high. To convince the court of this ground for your divorce, you will have to present medical proof or testimony of a psychiatrist before the court, which demonstrates:
- Your spouse suffered from incurable insanity at the time of filing of divorce
- According to medical experts, your spouse will be mentally incapacitated and will have no ability to make decisions at least for the foreseeable future
Choosing this ground for your divorce in Orange County is likely to escalate the amount of time that your attorney will have to spend in court and your legal costs of divorce are also likely to be higher. No fault divorce, on the other hand, is an easier and faster process because it requires no proof from either side. The default grounds for divorce in Orange County are irreconcilable differences.
Does Irresponsible Behavior in Marriage Matter?
It is a mistake to assume that since California is a no fault state, so it does not matter if you or the other spouse acts irresponsibly in marriage or persistently engages in bad conduct. Although bad behavior will not affect the dissolution of marriage in Orange County, it may have an impact on other family law issues that are associated with a divorce.
Your divorce attorney in Orange County may be able to establish your spouse’s egregious conduct before the court in order to support your case with regard to child custody, alimony, or even property division. You need to work with a seasoned family law attorney who understands how the courts will react to what types of specific wrongdoing of your spouse.
Grounds for Divorce and Spousal Support
You and your ex-spouse may not want to lay blame on each other and reveal the details of your personal differences publicly in court. That is a reasonable approach in most cases where the grounds for divorce are not going to impact the duration or amount of the spousal support award.
In normal circumstances, even adultery on part of one spouse is unlikely to influence the decision on alimony. The intent of the law in California is to utilize alimony as a means to ensure one party does not suffer financially after a divorce. The courts will not use alimony as a means to penalize a spouse for his or her misconduct during marriage.
However, there is one important exception in California. If your spouse was convicted of abusive or violent behavior during marriage, the family judge in Orange County may cut down or even entire cancel the spousal support that the convicted spouse would otherwise be entitled to receive.
Work with a Seasoned Divorce Lawyer in Orange County
Your Orange County divorce attorney should be able to explain to you that the state law does not require you to provide a reason for divorce. No matter if your spouse cheated on you, deserted you, or simply decided to end the marriage, the court will not be concerned with these issues.
If children are involved in your divorce, their best interests will be the court’s main concern. If no minors are involved, the only interest of the judge will be to ensure that the divorce occurs fairly and equitably, which provide both sides an opportunity to move on with their separate lives.
Choose the right divorce lawyer who can help you keep things as simple as possible so that you can achieve your goals in a divorce with minimal or no complications.
