Under California Family Code § 2310, the two legal grounds for divorce are irreconcilable differences and permanent legal incapacity to make decisions. The first means the marriage has broken beyond repair.
The second requires proof, including competent medical or psychiatric testimony, that one spouse permanently lacks the legal capacity to make decisions. Most people use irreconcilable differences because it does not require proving fault and can be stated generally in the divorce petition.
Marriage can feel like rings, romance, inside jokes, and an “us” that seems obvious. Then something shifts.
The day you stop believing the marriage can be repaired is often the day you start Googling questions you never thought you’d ask.
In California, marriage is a legal contract. And just like any contract, ending it requires meeting specific legal criteria. You can’t walk into court and simply say, “I don’t want to be married anymore” without telling the judge why. That’s what grounds for divorce are all about.
What Are Divorce Grounds?
In legal speak, divorce grounds refer to the reason you want to get divorced. This why creates the legal foundation of your divorce, and must be cited in your initial divorce filing, for it to be valid.
California is a no‑fault divorce state. That means you don’t have to prove that your spouse did something wrong (like cheating, abandonment, or cruelty) to get divorced. The law lets you end your marriage without assigning blame.
For a full breakdown of the divorce process in
The 2 Legal Grounds for Divorce in California
California Family Code section 2310 lists only two grounds and states that they are pleaded generally. In other words, you typically do not need to prove the first one, and you do not need to give the court a novel-length explanation in your petition.
1. Irreconcilable Differences (The Main Ground)
The most common reason people get divorced in California is irreconcilable differences. This term sounds vague, and that’s by design. Under Family Code § 2310, irreconcilable differences means that the marriage has suffered an irreparable breakdown.
In plain language, this means:
- You and your spouse simply can’t get along anymore.
- You don’t have to prove what caused the breakdown.
- You don’t have to show fault or assign blame.
- One spouse’s good‑faith belief that the marriage has broken down beyond repair is enough.
Also, one spouse is enough. If you are done, the case can still proceed even if your spouse is not ready, not cooperative, or refuses to participate.
If you are planning to file based on irreconcilable differences, the next step is paperwork, filing, and service. Use our guide to the divorce process in California.
If you are planning to file based on irreconcilable differences, the next step is understanding the full divorce process, from filing to final judgment. Use our step-by-step guide to the divorce process in California.
2. Permanent Legal Incapacity to Make Decisions (often called “incurable insanity”)
You will still see the older label “incurable insanity” on some court pages and older resources. But now the statute uses the term “permanent legal incapacity to make decisions.”
This ground is different in one big way: you must prove it.
In these situations, Permanent Legal Incapacity may be cited in lieu of more traditional divorce grounds, so long as the condition is:
- Present at the time you file for divorce; and,
- A permanent condition that is unlikely to change.
But what is mental capacity? And how do you tell if someone doesn’t have it?
Unfortunately, the California Family Code does not have a clear definition of what behavior actually qualifies as “insane.” Based on case law, however, we understand it to encompass individuals with unsound, unstable, or deranged mental conditions, which are so severe as to affect their decision-making ability.
In most cases, this decision will likely come down to what kind of proof you have and the opinions of your particular judge.
Medical proof is absolutely essential in these cases, and it won’t be enough to say your “spouse is just crazy.” Instead, you will be required to provide medical and/or psychiatric testimony to back up your claims.
In California, the person filing for divorce has the burden of proving these claims are true. And because this burden is often very difficult to meet, it’s usually simply better for couples to file for divorce under irreconcilable differences instead.
Why Divorce Grounds?
Marriage might mean a lot of things to a lot of people, but in the legal world, it all boils down to one very simple thing: a contract.
Governments have a vested interest in promoting stable, long-term relationships. These partnerships tend to strengthen civil society and economic stability, which, in turn, helps reduce the overall need for government involvement. In addition, long-term couples often produce children, which helps keep the country’s population stable.
The institution of marriage is designed to help encourage these partnerships. In exchange for getting married, couples are granted certain benefits, such as tax write-offs, estate rights, legal protections, and an automatic presumption of parenthood, if children are born.
Because you’ve enjoyed such great perks while married, the court now wants to ensure you aren’t getting divorced on a whim. Divorce grounds help prevent that by outlining the acceptable scenarios in which it’s legally permissible to do so.
Related: Theories of Divorce: Legal Grounds for Ending Marriages
Can Fault Be Grounds for Divorce in California?
In some states, the wrongdoing of one spouse—such as cheating, alcohol or drug abuse, and criminal activity—can be cited as grounds for divorce. This citation would trigger what’s known as a fault-based divorce.
In a fault-based divorce, judges are allowed to consider the guilt of one spouse over the other, and to hold them financially accountable, accordingly. California, however, is not one of those states.
Here, both of California’s divorce grounds are considered to be “no-fault.”
In a no-fault divorce, judges generally cannot consider a spouse’s wrongdoings, nor can those claims be used to affect things like the division of marital property and/or alimony. This, of course, does not mean that there hasn’t been fault in your breakup; it simply means that California courts are not interested in playing the Blame Game.
Just because California is a no‑fault state doesn’t mean the circumstances of your relationship don’t matter at all. Grounds for divorce only tell the court why the marriage is ending, not how the rest of your case will be decided. Issues like child custody, property division, and spousal support are handled separately, and different laws govern those decisions. Specific behaviors can still impact related issues — especially when they involve misuse of money or risks to children.
For instance, behavior that affects a child’s safety, such as patterns of abuse, might influence custody orders even though it’s not a “ground for divorce.” The court’s priority is what is in the best interest of the child, a separate and highly fact‑specific standard.
Similarly, let’s say your spouse used joint funds — the kind both of you worked for — to take a secret lover on trips, buy them gifts, or pay for their rent. You can’t divorce them because of the affair, but you can raise this conduct as a breach of fiduciary duty under California Family Code § 721.
This statute requires each spouse to act in good faith and in fair dealing toward the other when managing community property. If one spouse diverts or wastes community assets on purposes that do not benefit the community, the other spouse may be entitled to reimbursement or an unequal allocation to account for that breach in the property division.
So while California divorces don’t assign blame in the way fault-based states might, the law still provides a path to accountability — just through different legal channels.
Talk to a Los Angeles Divorce Lawyer
Amicable or contested. Local or international. Simple or complex. We are ready.
At Provinziano and Associates, we represent clients in California divorce matters, including collaborative divorce, mediation, and litigation. Our divorce attorneys also handle high-conflict and high-asset cases, international divorce and cross-border custody issues, domestic and international relocation, prenuptial agreements, parenting plans, and post-judgment modifications.
No matter where you are in the process, our team brings strategy, preparation, and a relentless focus on protecting your interests.
Let’s talk about what you are facing. Call or contact us online to schedule a confidential case evaluation. If your goal is a settlement-focused approach, we will pursue it. If your case requires courtroom strength, we will be ready.
FAQs: Grounds for Divorce in California
Is Incurable Insanity Still a Ground for Divorce in California?
Technically, yes, but under a new name. What used to be known as incurable insanity is now legally referred to as permanent legal incapacity to make decisions under California law. While some legal blogs and old documents still mention “incurable insanity,” the current statute uses modern medical language.
For practical purposes, it’s the same concept: one spouse is mentally incapable of making legal decisions, and that condition is permanent and backed by expert proof.
Is abandonment grounds for divorce in California?
No. California is a no-fault divorce state, and the court only recognizes two legal grounds for divorce: irreconcilable differences and permanent legal incapacity to make decisions.
Abandonment is not a separate legal ground in California. If a spouse leaves, the divorce is still typically filed under the grounds of irreconcilable differences.
Do grounds for divorce affect the financial settlement in California?
Usually, no. In most cases, the ground you choose does not control property division, spousal support, or other financial outcomes. California generally does not award a larger share of assets because one spouse was “at fault.” Financial issues are decided under separate rules, like community property principles and support factors.
That said, specific conduct can matter in limited situations, for example, if one spouse intentionally hides or wastes community assets, but that is a separate issue from the legal ground for divorce.
