What are the grounds for divorce in California and the residency requirements?

In California, spouses who wish to end their marriage must meet one of the two legal grounds for divorce. The first ground is irreconcilable differences, and the second ground is incurable insanity. If the spouses meet these grounds, they may continue forth with the divorce process.

Spouses who wish to divorce must make sure that they meet state mandated residency requirements before they begin the divorce process. In the state of California:

• A judgment of dissolution of marriage may not be entered unless one spouse has been a resident of California for six months and of the county in which the petition is filed for three months.
• For the purpose of a petition for the dissolution of marriage, the husband and the wife may each have separate residences depending upon proof of the fact and not upon legal presumptions.

Donald P. Schweitzer is a Certified Family Law Specialist with over 15 years of trial experience. Prior to going into private practice, Mr. Schweitzer served as a Deputy District Attorney in Orange County for 8 years. Mr. Schweitzer worked in numerous units within the District Attorney’s office including, Writs and Appeals, Family Support, Municipal Court, Felony Panel, Gang Target, Felony Filing, and the Sexual Assault Unit. visit his website and Divorce magazine profile.