Top Reasons for Divorce in California [2024 Updated]

Navigating the complex process that is divorce can be an emotional journey that is influenced by various factors. Taking the time to understand the top reasons for divorce in California can help you better prepare for it, should you find yourself facing a dissolution of your marriage.

There is a plethora of reasons behind marital dissolution in California, and each presents its own set of challenges. Marriages can end due to infidelity, financial stress, communication breakdowns, or even shifting priorities. It’s important to prepare for the future with an experienced divorce attorney by your side.

The Impact of Financial Stress on a Marriage in California

California can be an expensive state to live in. Therefore, it’s not uncommon for residents to struggle financially. Economic stressors and financial problems can cause a strain on marriages, which can lead to conflict that may be deemed unresolvable.

Before getting married, it’s important to openly and honestly discuss finances and be willing to compromise. It is also critical for married spouses to create and follow a financial plan during marriage. If this does not happen, it is not uncommon to face divorce due to financial reasons.

Communication Breakdowns in Marriage

Communication issues are a common precursor to divorce. This often stems from miscommunication and the inability to mutually resolve conflicts. When a couple is unable to effectively communicate and comprehend each other, they may find it difficult to get along and make joint decisions as partners must do.

It is important to find common ground and communicate in marriage. It is also vital to do so in divorce to seamlessly navigate its complex legal procedures. An experienced mediator and attorney can aid in this process.

Irreconcilable Differences and California’s “No-Fault” Rules

California is a “no-fault” divorce state, meaning that neither spouse has to prove fault or wrongdoing to file a Petition for Dissolution of Marriage. One or both parties must state that the marriage cannot be resolved due to irreconcilable differences. According to California Family Code §2311, “irreconcilable differences” mean that the marriage has substantial reasons for not continuing, which makes it seem as if the marriage should be ended.

Navigating Divorce With an Uncooperative Spouse in California

Navigating divorce with an uncooperative spouse in California can be a challenging ordeal. However, it is important to know that it is not an impossible task. If you are seeking a divorce but cannot effectively communicate with or even agree to divorce from your partner, you are still able to move forward.

Once you file a Petition for Dissolution of Marriage, the process will begin with or without your spouse’s participation or cooperation. If you have children, the courts will work to prioritize their health and well-being, decide upon custody, and equitably divide assets. After the six-month “cool off” period, you may be awarded a divorce due to irreconcilable differences.

The “Cool Off” Period in California Divorce Laws

According to California law, a couple must wait six months before their divorce can be finalized. These six months are referred to as a “cooling off” period and officially begin when the petition is served by the divorcing spouse. During this time, both spouses have the ability to reconcile or move on. A divorce can be finalized after these six months have passed.

FAQs

Q: Can You Divorce for Any Reason in California?

A: You can divorce for any reason in California. California is a “no-fault” divorce state, meaning that neither spouse has to prove that the other did anything wrong to file for divorce. One or both parties must state that the marriage cannot be resolved due to irreconcilable differences. According to California Family Code §2311, “irreconcilable differences” means that the marriage should be dissolved, as there are substantial reasons why the marriage should not continue.

Q: What Are 5 Main Reasons for Divorce?

A: The five main reasons for divorce in California include:

1. Infidelity
2. Financial stress
3. Communication issues
4. Differences in priorities
5. Incompatible lifestyles

While an infinite number of reasonings may exist, California law does not require either spouse to prove the validity of any of those issues. As long as one party claims that there are irreconcilable differences between the two and the six-month “cooling off” period has passed, divorce is always an option.

Q: What Is a Husband Entitled to in a Divorce in California?

A: In California, marital assets, like property, are usually divided equally between the spouses, regardless of gender. Therefore, a husband and wife are each entitled to an equitable share of the community property acquired during the marriage, which includes both assets and debts. In some scenarios, a husband (or wife) could be entitled to spousal support if factors like income disparity exist between them. This varies according to each individual’s situation.

Q: Can a Spouse Refuse a Divorce in California?

A: In California, a spouse cannot legally prevent a divorce, even if they don’t want one. The court can even grant the divorce if one spouse refuses to participate or cooperate throughout the process. As long as one party can testify to there being irreconcilable differences, then the divorce can happen.

Contact a California Divorce Attorney

Divorce is influenced by a multitude of factors, but none of them are true requirements for divorce in California. While infidelity, financial stress, communication issues, differences in priorities, and incompatible lifestyles may be the cause, simply stating irreconcilable differences is enough.

Couples can face a plethora of challenges throughout a marriage, and ending one is no different. An experienced attorney can help you navigate these breakdowns so that you can come to an amicable solution with your ex-partner.

Our experienced attorneys at All American Law are well-versed in California law and are equipped to guide you through your divorce. If you or a family member has filed, will file, or has been served a Petition for Dissolution of Marriage, contact us for a consultation. You do not have to endure this process alone. We can help you get the support and resolutions that you and your family need and deserve.