If you wish to get divorced in California, you must fill out and submit your divorce petition with the required information. This includes stating the grounds for the divorce, which must be acceptable under state law. California is a no-fault divorce state, meaning that one spouse does not have to have done something wrong for you to get divorced. You just have to state that you cannot get along. In legalese, this is called irreconcilable differences.
What Does Irreconcilable Differences Mean?
Irreconcilable differences means that the couple disagrees on such a level that they can no longer sustain the marriage. They cannot reconcile or resolve their differences enough to reunite or coexist within the marriage. Irreconcilable differences means that the only option is to dissolve the marriage.
You do not need to prove irreconcilable differences to get divorced in Orange County. You only need to state it on your divorce petition as the grounds for your divorce request. You also don’t need your spouse’s cooperation to get a divorce. Only one party needs to file the paperwork. Even if your spouse refuses to sign the divorce petition, the divorce will proceed anyway. The fact that you can’t agree on the divorce further emphasizes that you have irreconcilable differences.
Why Is California a No-Fault State?
Irreconcilable differences is a no-fault grounds for divorce in California. It prevents you from having to prove that your spouse is at fault to get divorced. You don’t have to show that your spouse cheated on you or abandoned you, for example. California and many other states did away with fault-based grounds for divorce cases. This makes it easier to get divorced since the filing party doesn’t need to prove fault.
Under California’s current no-fault law, it is easier for people in unproductive or abusive relationships to get out. It is also easier for couples who have simply drifted apart to end their marriage and move on. Irreconcilable differences helps to create a smoother and faster divorce process. Regardless of extenuating acts and any proof thereof, you can get divorced in California using irreconcilable differences.
What are Examples of Irreconcilable Differences?
Irreconcilable differences can mean many things. It can look different depending on the couple. It has a broad definition and can be interpreted in various ways during an Orange County divorce case.
. Examples of irreconcilable differences include:
- Lengthy long-distance separation due to work or other causes
- Difference of opinion on having children or how to raise children
- Difference of religion
- Personality conflicts
- Excessive fighting or discord
- Lack of communication
- A loss of trust between partners
- Lack of sexual or emotional intimacy
- Lack of contribution to the marriage or household
- Tension from family involvement in the marriage
- Disagreements over finances or debt
- Inability to find a work-home life balance
Essentially, any reason why you and your spouse cannot get along can be cited as “irreconcilable differences” for divorce purposes. If you are no longer satisfied with your marriage and don’t believe reconciliation is possible in the future, you can get a divorce in California.
Finance Struggles
Money is a sensitive subject that can get in the way of a healthy and happy marriage. If one spouse earns more than the other, one spouse isn’t working, one or both parties have high amounts of debt, or there are disagreements about budgeting and investments, these finance struggles can be great enough to break a marriage beyond repair.
Loss of Trust
Trust is a cornerstone of any good relationship. If something happens to undermine the trust you have in your partner, it can be impossible for your marriage to recover. Uncovered betrayals such as lies, adultery or secrets can destroy the foundation of your relationship and lead to an irreconcilable loss of trust.
Difference of Opinion on Important Matters
People can change over the course of a relationship. You may discover that you and your partner have conflicting opinions when it comes to life goals, lifestyles, having kids, raising and disciplining children, schooling, or religion. These differences can be enough to end the marriage if you cannot come to a compromise.
Lengthy Separation
Long-distance physical separation due to work, the military or other causes could be enough to end a relationship. In addition, emotional distance – including a lack of sexual or personal intimacy – can cause a marriage to fizzle out.
If you and your spouse have already separated and have essentially been living separate lives for a substantial amount of time, it may simply be time to officially dissolve the marriage. Note that you and your spouse do not have to be physically separated to file a claim for divorce based on irreconcilable differences. It is okay if you still live together.
Excessive Fighting
No couple should have to deal with excessive fighting or constant conflicts. While some arguing or bickering is normal, major or persistent fighting can be a sign of irreconcilable differences. If you and your partner have personality conflicts, a lack of communication, tension from family involvement in your marriage, disagreements over finances, trouble striking a home-life balance or one of you have a substance abuse problem, this can lead to constant discord and eventual divorce.
Other Requirements for Getting a Divorce in California
You may not need a specific reason for wanting to get divorced in Orange County, but you and your spouse must still fulfill other legal requirements before the courts will sign off on your dissolution of marriage. This includes California’s residency requirement and waiting period.
Under state law, you or your spouse must have lived in California for at least six months before you can file for divorce within the state. In addition, one of you must have lived in the county where you plan on filing for at least three months prior to initiating the legal process.
Once you file for divorce in Orange County, you must complete a waiting period of at least six months before the divorce court will sign off on the dissolution. This is seen as a chance for a divorcing couple to “cool off” and potentially reconcile before the divorce is finalized.
How Can a Family Law Attorney Help?
Although you don’t need to prove marital fault to get divorced in Orange County, you will have to go through many complicated steps and legal processes. This starts with the confusing divorce petition, which is many pages long and needs to be filled out accurately and correctly for a successful divorce. A divorce lawyer can help you with this paperwork and with citing the correct grounds for your divorce under state law.
If your spouse is at fault for your divorce and you wish to incorporate this into your divorce proceeding, a lawyer can help. Despite California’s no-fault divorce law, marital fault could still impact your divorce in a few different ways. Evidence of adultery or domestic violence, for example, could impact court decisions such as spousal support and child custody. For more information about fault during your divorce case in Orange County, contact Boyd Law to request a free initial consultation with an Orange County family law attorney.
