Grounds for Divorce in California
California recognizes only two statutory grounds for ending a marriage. Discover how each one works—and why most cases rely on just a single sentence in Form FL-100.
Jump to Irreconcilable Differences ↓
California pioneered no-fault divorce, yet state law still lists “grounds” you must check on the petition. Understanding what they mean—and what they do not require—can save months of frustration and simplify settlement talks. This guide unpacks both statutory options, compares them to fault-based states, and offers practical tips for choosing the right box on your FL-100.
Table of Contents
1. California’s Two Recognized Grounds
Under Family Code §2310 California permits a divorce—or legal separation—on only two bases:
- Irreconcilable Differences: A catch-all statement that the marriage has broken down beyond repair.
- Permanent Legal Incapacity to Make Decisions: A narrow ground requiring medical proof that one spouse cannot understand the obligations of marriage.
Unlike child-custody determinations, fault plays no direct role. Evidence of adultery, cruelty or abandonment does not change property division or support—though it may impact credibility or finances indirectly. Both grounds can be used for divorce or legal separation; the same statutory boxes appear on FL-100.
2. Irreconcilable Differences
“Irreconcilable differences” (ID) is California’s default ground and applies to roughly 97 percent of petitions. The statute defines it broadly: differences “which have caused the irremediable breakdown of the marriage.” Translation? Anything—chronic arguing, diverging life goals, financial stress, or simply “we drifted apart.”
Because fault is irrelevant, you do not need to provide:
- Phone records showing infidelity
- Secret videos of late-night bar visits
- Witness declarations about verbal fights
- Photos of gambling receipts
- Proof of separate bedrooms
- Therapy notes or counseling logs
- Text messages proving neglect
- Bank statements documenting overspending
- Social-media screenshots of “liking” exes’ posts
- Any admission of wrongdoing
Checking the ID box tells the court: “We have tried—or choose not to try—reconciliation, and no public airing of blame is necessary.” Judges rarely question the claim unless one spouse contests the very existence of breakdown, a scenario seen mainly in short-term marriages or religious contexts.
Case Example: The Quiet Agreement
Jordan and Casey, married seven years, drift apart after launching demanding careers. They still share a home but sleep on opposite schedules. Jordan files FL-100 citing irreconcilable differences, attaches a mediated settlement, and the clerk stamps a judgment six months later—no testimony, no evidence, no lingering blame.
Key takeaway: If your spouse will not dispute the petition or claim incapacity, choose ID. It keeps focus on financial disclosure and parenting plans, not fault.
3. Permanent Legal Incapacity—Elements, Proof & Procedure
Filing under permanent legal incapacity to make decisions (PLIC) is rare but powerful. You must prove:
- The spouse lacks legal capacity to make decisions.
- The incapacity is incurable and expected to continue.
- Competent medical testimony supports the diagnosis.
Most PLIC cases involve severe brain injury, late-stage dementia, or developmental disability. Psychiatric conditions qualify only if long-term and unresponsive to treatment.
Paper-Trail Checklist
- Physician affidavit detailing diagnosis & prognosis
- Neuropsychological evaluation (if relevant)
- MC-025 attached capacity declaration
- Copy of any conservatorship orders
- Proposed judgment language reserving support issues
Grounds Check Quiz
Answer three quick questions to see which ground may fit your case:
If the court grants divorce on PLIC, it must order spousal support to the incapacitated spouse unless good cause exists. A guardian ad litem (GAL) may be appointed to represent the spouse’s interest, adding to litigation cost and length. For a deeper look at support implications, see our Spousal Support Guide.
4. California vs. Fault-Based States
Many states still allow fault grounds—adultery, cruelty, abandonment—alongside no-fault claims. Here’s how they stack up against California’s approach:
| Issue | Fault State (e.g., Texas) | California |
|---|---|---|
| Grounds Needed | Choose fault or no-fault. | Only ID or PLIC. |
| Property Division | Fault may influence split. | Fault ignored; 50-50 baseline. |
| Alimony | Cheating can increase award. | Conduct irrelevant (Fam. Code §4320). |
| Waiting Period | Varies; some require separation. | Six-month minimum from service. |
Bottom line: California’s pure no-fault system focuses on finances and parenting, not blame. That simplicity is why lawyers often say, “Your marriage is on trial, not your character.”
5. How Grounds Affect Timeline, Strategy & Settlement
Choosing a ground rarely changes the statutory six-month clock, but it can impact strategy:
| Scenario | Average Days to Judgment* | Practical Tip |
|---|---|---|
| Uncontested ID, full agreement | 190 – 210 | File stipulated judgment same day as petition. |
| ID contested, no agreement | 365 – 540 | Use mediation early. |
| PLIC contested | 420 – 780 | Expect medical discovery & GAL fees. |
*Court-file analytics 2023-2025, Los Angeles & Sacramento counties.
6. Evolution of No-Fault Law in California
California Governor Ronald Reagan signed the landmark Family Law Act of 1969, making California the first true no-fault jurisdiction. Before then, spouses hired private investigators to photograph motel rooms or track deserted wives—evidence necessary to prove adultery or cruelty.
In 1985 the Legislature added permanent legal incapacity as the second ground, recognizing humanitarian needs when one spouse cannot consent. Subsequent amendments and the CLRC’s 2025 report reaffirmed the policy: marriage breakdown should not require moral judgment.
7. Five Myths Debunked
- Cheating guarantees more property. California’s community-property system is blind to adultery unless it wasted marital funds—then it is a reimbursement issue, not a ground.
- You must live apart six months before filing. No. You may file while living under the same roof; the six months run after service, not separation.
- Both spouses must agree on the ground. Only one signature is needed. A spouse cannot block divorce by refusing to admit irreconcilable differences.
- Incapacity ends support obligations. The statute actually encourages support for the incapacitated spouse; courts rarely terminate it outright.
- You can switch grounds freely mid-case without cost. Amending the petition triggers new filing and service requirements—expect delays and extra fees.