What are the grounds for divorce in California?

What the Law Says

California law abolished fault-based divorce in 1970 and now recognizes only one statutory ground for dissolution of marriage.

Under California law, a divorce (called a 'dissolution of marriage') can be granted only if the court finds that there is 'irreconcilable differences' causing the 'irremediable breakdown' of the marriage. This means the spouses cannot get along and there is no reasonable prospect of reconciliation — no proof of wrongdoing, abuse, adultery, or separation is required.

The law does not require spouses to live apart before filing, nor does it consider who is 'at fault.' Even if one spouse opposes the divorce, the court must grant it if the petitioner states under oath that the marriage is irretrievably broken.

There is also a mandatory six-month waiting period between filing and finalization — this is not a 'separation requirement' but a statutory delay to allow for possible reconciliation.

Statutory Text

A judgment of dissolution of marriage may be entered on the grounds of irreconcilable differences which have caused the irremediable breakdown of the marriage.

— Family Code § 2310 — Grounds for Dissolution

Statutory Text

Irreconcilable differences are those which have caused the irremediable breakdown of the marriage.

— Family Code § 2311 — Definition of Irreconcilable Differences

Statutory Text

A proceeding for dissolution of marriage may be maintained only upon the grounds provided in this chapter.

— Family Code § 2310 — Grounds for Dissolution

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