Dissolution of the marriage or legal separation of
the parties may be based on either of the
following grounds, which shall be pleaded
generally:
(a) Irreconcilable differences, which have caused
the irremediable breakdown of the marriage.
Irreconcilable Differences
- California Family Code Section 2311
Irreconcilable differences are those grounds which are
determined by the court to be substantial reasons for
not continuing the marriage and which make it appear
that the marriage should be dissolved.
Residency Requirement -
California Family Code Section 2320
A judgment of dissolution of marriage may not be
entered unless one of the parties to the marriage has
been a resident of this state for six months and of
the county in which the proceeding is filed for three
months next preceding the filing of the petition.
Property Division -
California Family Code Section 2550
Except upon the written agreement of the parties, or
on oral stipulation of the parties in open court, or
as otherwise provided in this division, in a
proceeding for dissolution of marriage or for legal
separation of the parties, the court shall, either in
its judgment of dissolution of the marriage, in its
judgment of legal separation of the parties, or at a
later time if it expressly reserves jurisdiction to
make such a property division, divide the community
estate of the parties equally.
Community Property -
California Family Code Section 760
Except as otherwise provided by statute, all property,
real or personal, wherever situated, acquired by a
married person during the marriage while domiciled in
this state is community property.
Separate Property -
California Family Code Section 770
(a) Separate property of a
married person includes all of the following:
(1) All property owned by the person before
marriage.
(2) All property acquired by the person after
marriage by gift, bequest, devise, or descent.
(3) The rents, issues, and profits of the
property described in this section.
(b) A married person may, without the consent of
the person's spouse, convey the person's separate
property.
Property Acquired
During Marriage But After Separation -
California Family Code Section 771
(a)
The earnings and accumulations of a spouse
and the minor children living with, or in
the custody of, the spouse, while living
separate and apart from the other spouse,
are the separate property of the spouse.
(b) Notwithstanding subdivision (a), the
earnings and accumulations of an
unemancipated minor child related to a
contract of a type described in Section
6750 shall remain the sole legal property
of the minor child.