If you are considering getting a divorce from your spouse in Stockton, you should know that divorce laws are not as complicated as many might make them seem, while at the same time also being incredibly complex. Confused yet? That is exactly the feeling shared by most who come to see us here at San Joaquin Family Law. They often are not aware that you have to cite a grounds for divorce when seeking the dissolution of your marriage. This is largely due to the fact that California is a “no fault” state when it comes to divorce, meaning that neither you or your spouse need to be deemed at fault in ending your marriage.
These two points seem to contradict each other, yet in reality they do not. Per Section 2310 of the California Family Code, there are two recognized grounds for divorce in the state. One is one party to a marriage having a permanent incapacity to make decisions, meaning that if your spouse becomes incapacitated, you can choose to end your marriage without needing his or her consent. The other is irreconcilable differences. These are defined as fundamental disagreements or issues that have contributed to the breakdown of a marriage that are unlikely to be addressed through counseling or other interventions.
It is through the legal principle of irreconcilable differences that the concept of a “no fault” divorce is related. Rather than citing adultery, abandonment or cruelty as the cause of your rift with your spouse, you instead recognize that neither of you is at fault and that is it simply due to these philosophical differences that the damage to your relationship is irreparable. You can discover more about the legal principles governing divorce in California by continuing to explore our site.