What Are the Grounds for Divorce in California?

The decision to end a marriage is a major one, but what are the grounds for divorce in California? California law keeps this simple. The state recognizes only two legal grounds for divorce: irreconcilable differences and permanent legal incapacity to make decisions. These grounds make the process of ending a marriage more straightforward. They also allow for a quicker and more cost-effective resolution.

California was the first state in the country to adopt no-fault divorce, back in 1969. That means you do not have to prove your spouse did anything wrong to get divorced. Below, we explain both grounds, the difference between fault and no-fault divorce, and the main paths a California divorce can take, including a new option that started in 2026.

Irreconcilable Differences

Irreconcilable differences refer to the spouses’ inability to reconcile and continue the marriage. This means that the marriage has irretrievably broken down, and there is no hope for reconciliation. Under Family Code Section 2311, these are reasons the court finds substantial enough that the marriage should not continue. This ground for divorce is often called a “no-fault” divorce, because it does not require the spouses to prove any wrongdoing by either party.

It eliminates the need for lengthy and costly legal proceedings to prove faults such as adultery, abandonment, or cruelty. This allows both parties to move on with their lives and begin to heal.

The majority of divorce cases filed in California are filed on the grounds of irreconcilable differences. The divorce process formally begins once one of the spouses files a divorce petition with the court. It does not matter which spouse files the petition. Contrary to popular belief, being the filing party confers no legal benefit, nor does it make that party look like the victim in divorce proceedings.

Fault Versus No-Fault Divorce

It is possible for one spouse’s actions to have directly caused the breakdown of their marriage. However, any fault that may be in play will not influence the outcome of a divorce under the no-fault rule, except under extreme circumstances, such as domestic violence or other criminal behavior. When such issues are present, the at-fault party can not only face a diminished position in divorce proceedings but also criminal penalties that could influence a divorce order.

If your spouse has done something that directly caused the breakdown of your marriage and you believe it qualifies as criminal, you need to hire a divorce lawyer who can explain how this behavior could influence your case. Generally, fault will only come into play if one spouse has broken the law in some way.

Permanent Legal Incapacity

Permanent legal incapacity refers to a situation where one spouse cannot make decisions and manage their own affairs due to a permanent condition, such as a severe mental illness or disability. This ground used to be called “incurable insanity.” It is rarely used, and it requires proof, such as medical or psychiatric testimony, that the spouse permanently lacks the legal capacity to make decisions. Sometimes, the continuation of the marriage would be detrimental to the well-being of one of the parties.

Residency and Waiting Period

Before you can file for divorce in California, you have to meet the state’s residency rule. Under Family Code Section 2320, at least one spouse must have lived in California for the past six months and in the county where you file for the past three months.

California also has a mandatory waiting period. Under Family Code Section 2339, the court cannot end your marriage until at least six months and one day after the responding spouse is served or first appears, whichever comes first. You can settle every issue during those six months, but your marital status will not end until the waiting period is over.

Uncontested Divorce

California law also allows a simpler process when both parties agree that the marriage is broken. This is known as an “uncontested divorce.” An uncontested divorce can be completed more quickly and at a lower cost than a contested divorce, because it removes the need for a trial. It is a good option for couples who have amicably decided to end their marriage and want to avoid the emotional and financial strain of a fight.

Generally, divorce proceedings seek to move a contested divorce to an uncontested state. This can happen through litigation, but spouses can also explore alternative dispute resolution that could reduce the time required. Under certain conditions, a qualified couple can also jointly apply for an expedited divorce through the summary dissolution process.

Summary Dissolution of Marriage

When both parties agree on the terms of the divorce, they can file a Joint Petition for Summary Dissolution of Marriage (Form FL-800), a simplified process for couples who meet strict eligibility rules under California Family Code Section 2400. To qualify for a summary dissolution, the couple must:

• Have been married less than five years as of the date of separation
• Have no children together, born or adopted, and not be expecting a child
• Own no real property (a lease is allowed if it ends within one year and has no purchase option)
• Have less than $25,000 in community property, excluding cars
• Each have less than $25,000 in separate property, excluding cars
• Have less than $7,000 in community debts, not counting car loans
• Both agree to give up the right to spousal support

Both parties must also agree on how to divide their property and debts. This option is good for couples with minimal assets and debts who want to dissolve their marriage as quickly as possible. Keep in mind that either spouse can revoke a summary dissolution before the judgment is entered, which sends the case back to the standard process.

You should still hire a divorce lawyer if you qualify for summary dissolution. Your attorney can help you gather records and documentation and give you individual advice to resolve the matter efficiently. If you do not qualify, you will likely face a contested divorce and will need to address several issues before you can get a final divorce order in California.

The New Joint Petition for Divorce (2026)

As of January 1, 2026, California offers another cooperative option. A law called Senate Bill 1427 created a new joint petition for dissolution (Form FL-700). Unlike summary dissolution, this option is open to all couples, no matter how long they have been married, how many assets they have, or whether they have children.

With a joint petition, there is no “petitioner” who sues and no “respondent” who defends. Both spouses file together as equals, and no one has to be served with papers. The couple must agree on all of the major issues, including property, support, and custody. The six-month waiting period still applies, and one tradeoff is that you cannot ask the court for temporary orders while the case is pending. If the agreement falls apart, either spouse can revoke the joint petition.

Contested Divorce

If the parties cannot agree on the terms of the divorce, or do not meet the eligibility rules for a summary dissolution or joint petition, they may file for a regular divorce, also known as a “contested divorce.” In a contested divorce, the parties may go to trial to resolve disputes over property, debts, and child custody. A trial can be long, costly, and emotionally draining for both parties. Couples should consider all options and seek the guidance of a family law attorney before deciding on the best course of action.

It is sometimes possible to explore alternative dispute resolution, such as mediation or collaborative divorce. When both parties are willing to try this, they can negotiate parts of their divorce and keep more control over the outcome, rather than leaving everything to a family court judge. Alternative dispute resolution is not always an option, and it cannot always cover every issue. Even so, your attorneys can often facilitate it and help move your divorce along.

FAQs

Q: What is a wife entitled to in a divorce in California?

A: In California, property and debts acquired during the marriage are community property and are divided equally between the spouses in a divorce. This includes assets such as the family home, cars, bank accounts, and investments. The court may also award spousal support, often called alimony, usually when one spouse has a higher income or earning potential.

Q: What can be used against you in a divorce in California?

A: Evidence of financial misconduct, such as hiding assets or spending marital money on an affair, can be used against a party. So can a history of domestic violence, drug or alcohol abuse, or other criminal activity. The court may take these into account when deciding child custody and support.

Q: How long do you have to be married to get half of everything in California?

A: There is no minimum length of marriage. Property and debts acquired during the marriage are community property and are divided equally, regardless of how long the couple has been married. What matters is when each asset was acquired, not the length of the marriage.

Q: How long does a divorce take in California?

A: A California divorce cannot be finalized for at least six months and one day after the responding spouse is served or first appears, under Family Code Section 2339. Contested cases with disputes over property or custody can take well over a year.

Q: What is the difference between summary dissolution and the 2026 joint petition?

A: Summary dissolution is an older shortcut with strict limits on marriage length, assets, debt, and children. The joint petition created by SB 1427, effective January 1, 2026, lets any couple file together regardless of those limits, as long as they agree on all issues.

Q: Why would a divorce be denied in California?

A: A divorce may be denied or delayed in California if:

• One of the parties cannot prove that the marriage is irretrievably broken.
• It cannot be proven that one of the spouses is permanently incapacitated.
• One party committed fraud or concealed assets during the proceedings.
• The mandatory six-month waiting period after the petition is served has not yet passed.
• Neither party meets the California residency requirement.

California Family Code Section 2320 covers the residency and filing requirements for ending a marriage. Your California divorce lawyer can help you understand the specific statutes that apply to your divorce.

Q: Can one party prevent the divorce from being finalized in California?

A: One party can try to slow down the divorce by not cooperating or refusing to sign papers. However, the court can still grant the divorce as long as the other party shows the marriage is irretrievably broken or that one spouse is permanently incapacitated. If a party hides assets or will not cooperate, the court can consider that when deciding property division and support. It is always best to consult a family law attorney to understand your rights before proceeding.

If you are considering filing for divorce in California, or are facing a contested divorce and need legal assistance, the experienced family law attorneys at Quinn & Dworakowski, LLP, can provide the guidance and support you need. Contact us today or call 949.660.1400 to schedule a consultation.