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WHAT ARE THE GROUNDS FOR DIVORCE IN CALIFORNIA?

Mayim Bialik, the former star of Blossom and current star of The Big Bang Theory, announced on her blog at the end of November that she and husband Michael Stone would be filing for divorce in Los Angeles after nine years of marriage. The couple filed their request citing irreconcilable differences, one of only two options offered as grounds for divorce in the State of California.

Unlike some other states, California is a no-fault divorce state. Divorces here don't need to have a reason. To get divorced, you simply have to claim that you cannot get along with your spouse. You don't need your spouse's permission to file for divorce either.

Irreconcilable differences is one of only two grounds for divorce. The other is incurable insanity. This is only invoked in rare cases. As a general rule, virtually all divorcing couples in California file under the irreconcilable differences option because proving incurable insanity is rather difficult. One must prove that one's spouse is currently insane (usually testimony from a psychiatrist) and also that there is no chance your spouse can recover from that insanity. You must also prove that you have not lived with your spouse for three years to file for divorce under grounds of incurable insanity.

Regardless of the grounds you choose when you file your divorce, doing so without a lawyer to help protect your rights can be foolhardy. While California does allow for no fault divorce, there are many things that can go wrong during the divorce proceedings, including issues of child custody and division of community property. It is well worth your while to work with a skilled family attorneywhile filing for your divorce.

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The Law Offices of Steven M. Bishop, Attorney at Law, A California Corporation
591 Camino De La Reina Suite 700
San Diego, CA 92108

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