Divorce is never an easy process, and the legalities surrounding it can be even more daunting. One of the most important things to understand in this process is the grounds for divorce in your state. These are the legal reasons for which a divorce may be granted, though they may vary widely between states.
1. No-Fault Divorce
The first and perhaps the most common ground for divorce across different states is a "no-fault" divorce. This means that neither party has to prove any misconduct or wrongdoing on the part of the other. Instead, they simply state that the marriage is "irretrievably broken" or that they have "irreconcilable differences." This is the quickest, easiest way to obtain a divorce and is recognized in every state nationwide.
2. At-Fault Divorce
The second type of grounds for divorce is the at-fault divorce. This means that one person is alleging that the other committed some sort of wrongdoing that led to the end of the marriage. These grounds vary between states, but examples include abandonment, adultery, cruelty, and drug addiction. To obtain a divorce based upon at-fault grounds, specific evidence must be presented of wrongdoing, and it can often be a more complex and lengthy process.
3. Separation
Another type of grounds for divorce is based on separation. This occurs when spouses have been separated and living apart for a specified period. This can be a predetermined time, like six months, or vary by state. In some states, like New York, one spouse must move out of the shared residence to qualify.
4. Mutual Consent
Another type of divorce ground is mutual consent, where both parties agree to the divorce, typically associated with a specific time frame or having certain paperwork in place, for instance, filing jointly or having a separation agreement in place before filing.
Family Attorney in Roseville, CA
At Bez Law Firm, P.C., we specialize in family law matters, including divorce, child custody, and property division. Our dedicated attorneys are here to provide personalized legal guidance and support throughout your divorce journey. Contact us today at (916) 512-8944 to schedule a consultation and let us help you navigate the grounds for divorce in California.