WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: California

Divorce

Updated: 
January 11, 2024

What are the grounds for divorce or legal separation in California?

You can file for divorce or for legal separation in California based on either of the following grounds:

  1. irreconcilable differences, which have caused the permanent breakdown of the marriage; or
  2. permanent legal incapacity to make decisions.1 For this ground, there needs to be competent medical or psychiatric testimony that the spouse was at the time the petition was filed, and still is, lacking the legal capacity to make decisions.2

1 Cal.Fam.Code. § 2310
2 Cal.Fam.Code. § 2312

Legal Information

© 2008–2024 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.