Family and Divorce Law in California

Divorce is a difficult time for the spouses and their families. Separating from a partner means losing out on years of emotional investment. Some degree of grief and depression naturally follow, but these feelings can quickly grow if the divorce isn’t managed properly. Financial and property issues can also emerge, which can make the process even harder.



Understanding family and divorce law in California is crucial to minimizing the stresses of the already-stressful process. Here’s what you need to know about divorce and family law in California.

Providing a Reason for Divorce

Since California is a no-fault state, neither of the spouses need to prove that the other is at fault and the cause for divorce (there’s no guilty party). As a result, the concrete cause of the divorce can remain private. However, while the intricacies of the issue may remain secret, the court still needs some grounds to grant the divorce. In no-fault states, there are typically two grounds: incurable insanity and irreconcilable differences.

Incurable Insanity: In California, a person can file for divorce if their spouse is mentally impaired or incapacitated. In these situations, the person with “incurable insanity” can’t agree to divorce and generally can’t make legal decisions. As a result, proof of psychological impairment needs to be provided.




Irreconcilable Differences: This is an admission of irreparable damage to the spouses’ relationship. These could be any issues between the spouses that prevent them from getting along.

Residential Requirements

California requires at least one of the spouses to be living in the state for six months. Additionally, said spouse is also required to have lived in the county where they file the divorce for at least three months. These requirements don’t affect same-sex couples residing outside of California. Said couples can file for divorce if they don’t live in a state that’s legalized same-sex marriage or if they were married in California.

Waiting Period

Legally, at least six months need to pass after the divorce papers are provided before a divorce is finalized. In practice, however, divorce proceedings seldom, if ever, take only six months. Divorce is a complicated process, so you should expect it to take longer than six months.

A competent divorce lawyer can expedite the divorce proceedings and minimize the damages you sustain. Get in touch with the Law Offices of Ron Marquez for family law services and divorce lawyers in Chico, CA. They’ll help you through the legal tangle of divorce. 

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