Do I need to prove fault to get a divorce in California?

What the Law Says

California law abolished fault-based divorce decades ago. The state recognizes only one ground for dissolution of marriage: irreconcilable differences that have caused the irremediable breakdown of the marriage.

Under California law, neither spouse must prove wrongdoing—such as adultery, cruelty, or abandonment—to obtain a divorce. Instead, the petitioner must simply allege that the marriage is beyond repair due to 'irreconcilable differences.' The court does not investigate or weigh evidence of misconduct.

Once the petition is filed and served, there is a mandatory six-month waiting period before the divorce can be finalized—even if both parties agree and resolve all issues immediately. This delay is statutory and cannot be waived.

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 of marriage

Statutory Text

A judgment of dissolution of marriage may be entered without regard to fault.

— Family Code § 2311 — No-fault requirement

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