Top Reasons for Divorce in California — Most Common Causes (2024)

No couple seeking to get married ever considers how to approach the topic of divorce. After all, divorce signifies the end of the relationship, and it can get messy, personal, and expensive. Divorce can happen for any number of reasons, though in California, the reasons may not really matter legally due to the state’s no-fault divorce laws. Still, understanding the top reasons for divorce in California is important, if only to know how to approach your own divorce.

Top Reasons for Divorce in California

California does not require a fault-based reason for divorce, which means that the reasons behind your or your spouse’s need to start the process are irrelevant. Nobody has to prove wrongdoing, abuse, infidelity, or alienation of affection to proceed with a no-fault divorce. As the term states, there is no fault to be had. The objective of a no-fault divorce is to avoid a long, drawn-out legal battle that can happen when one spouse accuses the other of wrecking their marriage.

The California Family Code states that there are only two primary legal reasons for pursuing a divorce in the state. Establishing grounds is important even if you don’t technically need a reason to divorce your spouse. Those two reasons are:

• Irreconcilable differences. Irreconcilable differences include virtually any reason for two partners’ incompatibility. You or your partner are no longer invested in the marriage and can no longer tolerate each other’s company. Despite efforts you may have made in the past, you’ve reached the conclusion that it isn’t working out, and there’s nothing left to do but divorce.
• Permanent incapacity. This reason is not a common one in California divorce court, but it is still a valid reason. If your partner is no longer capable of making their own decisions due to permanent incapacity by reasons of legal insanity, that is grounds for pursuing a divorce. First, you must provide medical documentation that proves their insanity.

Since irreconcilable differences are such a broad, all-encompassing term, noting the wide variety of reasons that some couples decide to pursue a divorce is important. Often, a divorce does not just appear out of thin air. It can be the end result of a long road of betrayal, secrets, discontent, and abuse.

Even if couples attempt to fix what they think is broken, there is no guarantee that it will work for them. Here are some of the common reasons that couples get divorced in California:

• Money. Disagreements about finances can cause large rifts in a marriage that can be difficult to mend without serious, honest discussions. One spouse may be spending too much. One spouse may have considerably higher earnings than the other, creating animosity and disrespect that can be hard to overcome. Ultimately, financial disagreements can lead to deeper feelings coming to the surface.
• Domestic violence. Domestic abuse is a crime and can land the offender in serious legal trouble should the victim wish to press charges. Often, domestic violence goes unspoken and may never be revealed at all. If you are a victim of domestic violence, reaching out to a domestic violence lawyer can help you figure out your next steps should you choose to divorce.
• Infidelity. Most marriages are entered into with the promise of monogamy very much included. When it comes to polyamorous relationships or open marriages, what works for one couple is enough if they are happy. However, for traditional marriages, infidelity may be enough to completely erase any love one spouse once had for the other and shatter any hope of reconciliation.

FAQs

What Is the Number One Cause of Divorce in California?

The number one cause for divorce in California is a lack of commitment. A lack of commitment can mean many things. It may not necessarily mean infidelity or abuse. Sometimes, it could just mean that one spouse is putting more effort into the marriage than the other, and both spouses are not equally invested in each other or their relationship. That can make the neglected spouse feel unloved.

What Is the Rule of 65 in California Divorce Court?

The Rule of 65 is a rule that applies to certain divorces when it comes to spousal support. Essentially, if the age of the lesser-earning spouse at the time of the divorce and the number of years of marriage adds up to at least 65 or more, then spousal support may be paid indefinitely, regardless of how long the marriage actually was. Since California is a community property state, assets will still be divided equally down the middle.

Is It Always 50-50 in a Divorce in California?

No, it is not always 50-50 in a California divorce. Community property rules apply in California, which means that generally, marital assets are divided equally down the middle between both spouses in the event of a divorce. However, the divorcing couple can work out their own agreement for asset division, which will take precedence over a general ruling by the court. Ultimately, it is up to the couple how they divide their shared assets.

What Is the 10-Year Rule in California for Divorce?

The “10-Year Rule” for California divorce has to do with spousal support. In California, once a marriage reaches ten years, the state lets the spouse who earns less get spousal support indefinitely, with the goal of ensuring financial equity between spouses and providing stability for the partner who earned less. Depending on the circumstances, you can try to appeal this ruling.

Reach Out to a Divorce Lawyer Today

There are many possible reasons for a couple to get divorced, but your reasons are your own. California’s no-fault status means you really don’t need a reason. You just need to do what’s right for you. A divorce lawyer can help defend your position and make sure you don’t miss any crucial deadlines. The legal team at the Edgar & Dow is here to provide you with legal assistance throughout this trying time. Contact us to schedule a consultation today.