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"Irreconcilable Differences" California Divorce Standard

One of the standards required by California family law courts for either dissolution (divorce) or legal separation is irreconcilable differences. Although, California family law courts also recognize incurable insanity it is certainly less likely to be an issue and require much more judicial inquiry as opposed to irreconcilable differences.

California family law code section 2310 states the following:

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) Incurable insanity.

Specifically, code section 2310 provides a very vauge standard for meeting irreconcilable differences so many people seeking a California divorce are perplexed by the standard and whether they will meet or or whether the court will grant their California divorce. However, California family code section 2311 provides further insight into the court's inquiry for divorce purposes.

California Family Code section 2311 provides the following:

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.

Generally speaking, this is a very liberal standard in which the California court can find grounds for terminating the marriage and granting the California divorce.

If you or a loved one is facing a California divorce please call our San Bernardino & Riverside family law & divorce lawyer today for a FREE consultation. Our California divorce lawyer handles divorce, family law matters, child custody, child support, and all other types of family law matters throughout Southern California and San Bernardino & Riverside California.

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