Grounds For Dissolution Or Legal Separation - Dissolution Of Marriage And Legal Separation - Family Law - CA

Section § 2310

You can end a marriage or legally separate in California for two main reasons: if there are irreconcilable differences that have made it impossible to fix the marriage, or if one person is permanently unable to make decisions.

Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally:

(a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage.

(b) Permanent legal incapacity to make decisions.

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Section § 2311

This law states that 'irreconcilable differences' are the substantial reasons why a marriage should not continue, as determined by the court, and are grounds for divorce.

Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.

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Section § 2312

In California, a marriage can be ended if one spouse is permanently unable to make decisions due to a mental or medical condition. To do this, there must be solid medical or psychiatric evidence showing that the spouse was unable to make decisions at the time the divorce was requested and continues to be unable to do so.

A marriage may be dissolved on the grounds of permanent legal incapacity to make decisions only upon proof, including competent medical or psychiatric testimony, that the spouse was at the time the petition was filed, and remains, permanently lacking the legal capacity to make decisions.

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Section § 2313

This law states that if a marriage is ended because one spouse can't make legal decisions due to their mental state, it doesn't free the other spouse from their responsibility to support them. The court can order financial support or require a security bond to ensure support as needed.

No dissolution of marriage granted on the ground of permanent legal incapacity to make decisions relieves a spouse from any obligation imposed by law as a result of the marriage for the support of the spouse who lacks legal capacity to make decisions, and the court may make an order for support, or require a bond therefor, as the circumstances require.

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