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Blame it on old TV shows perhaps but it still seems to be a common notion that one spouse needs to prove wrong doing in order to initiate a divorce. However, that is not the case in California. We were the first state to initiate what is called the “no fault divorce” policy. In the Golden State, a divorce will be accepted if the court agrees that “Irreconcilable differences” have created an irreparable failure of the legal marriage. Basically this states that if any married individual desires to terminate said marriage they may do so, despite any possible disagreement from the opposing party. There does not need to be blame or fault.
In California there are two grounds to initiate the divorce process. One is the “irreconcilable differences” and the second is “permanent legal capacity to make decisions.”
Irreconcilable difference is essentially the circumstance a California family law judge deems to conclude the marriage. Despite whatever these circumstances, the grounds for a dissolution of marriage will always be irreconcilable differences. To grant a divorce, the California family law courts will only look to one of the divorcing parties to declare that the marriage is unable to be repaired or redeemed.
Permanent legal capacity to make decisions is a medical status issued by a promedical professional which states that one spouse is unable to make decisions for themselves. The family law court must determine through professional testimony that said incapacity is permanent.
Physical injury, psychological illness, and other types of traumatic conditions are dynamics that may constitute permanent incapacity. The weight of evidence is high to legally demonstrate permanent incapacity.
Be as it may that the family law court will still grant a divorce by way of permanent incapacity, the one seeking the divorce is still financially obligated to their divorcing partner. It is often the case that the spouse that is legally incapacitated may need permanent support from the one who is divorcing.
In order to file for a Divorce in Los Angeles, CA, the divorcees will have had to live in the state of California for at least six months. Furthermore, the divorcing couple must have lived in the county they will be filing or divorce in for at least three months. In addition, California has a six month waiting period before the courts will grant a divorce. Once the divorce respondent (the one who is served) is served with the Summons and Petition, the marital status cannot be terminated until six months have passed since the service was effected
If you are considering a divorce, separation, or annulment or need any legal advice please do not hesitate to contact our office to schedule a phone call or consultation. Our office has provided our Los Angeles clients effective, easy, and successful divorce representation that eases your burdens and ensure you the best possible outcome for your case.
