The Grounds for an Abandonment Divorce in California

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Though abandonment was grounds for divorce in the past, abandonment is no longer grounds for divorce in California. Since California allows no-fault divorces, parties can file divorce only for irreconcilable differences or for incurable insanity.

No-Fault Divorce

Until 1970 California divorces required a grounds for divorce, such as fraud, abuse, abandonment or adultery. California became the first state that allowed no-fault divorces, a tradition that holds true today. No-fault divorces do not require the parties to state a reason or blame for the divorce beyond irreconcilable differences.

Irreconcilable Differences

Under California Family Code Section 2310-2313, irreconcilable differences are "substantial reasons" for dissolving the marriage, as determined by the court. In practice irreconcilable differences are the standard reason given for divorce in a no-fault divorce, regardless of the reason for the divorce.

Incurable Insanity

The California Family Code provides grounds for divorcing a spouse with medical proof that the spouse is insane without hope of being cured. Proof of a partner's insanity does not remove any financial obligations for support.


About the Author

Since 1994 Carrie Glossmanz has been writing freelance articles for publications such as "Animal Fair," "Delicious Living" and "Diabetes Health." Glossmanz is a Registered Dietitian and earned her Master of Science in nutritional sciences with an emphasis on clinical nutrition from the University of Kentucky.

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