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November 11, 2022

There are several things you need to consider if you are thinking about divorcing your spouse. Every state has its own laws that you need to abide by. In this article, we’ll talk about some of the different grounds for divorce so you have some knowledge when you talk to your divorce attorney in Pleasanton CA.

Grounds of Divorce in California

In California, the grounds for divorce are based on either fault or no fault.

For a no-fault divorce, neither party must show that the other did anything wrong. The only ground necessary is that irreconcilable differences have caused the marriage to break down, and there is no reasonable chance of reconciliation.

If you want to file for a fault divorce, you must be able to prove grounds such as adultery, cruelty, abandonment, or substance abuse.

Adultery is committed when your spouse has an affair with someone else, and this affair occurred during the marriage. You will need to have proof of the affair, such as testimony from the other person or witnesses, letters, or emails.

Mental cruelty occurs when your spouse has behaved in a way that has caused you mental anguish. This can include things like verbal abuse, harassment, or threats of violence. You will need to be able to show that this behavior occurred and that it was severe enough to cause you emotional distress.

Abandonment occurs when your spouse leaves you without intending to come back. To prove abandonment, you will need to show that your spouse left you for a significant period of time and that they had no intention of returning.

Substance abuse can be grounds for divorce if it is severe enough to affect the marriage. To prove substance abuse, you will need to show that your spouse has a problem with drugs or alcohol and that this problem has led to problems in the marriage.

The other type of divorce is permanent legal incapacity. This is when one spouse is unable to make decisions or take action due to a mental or physical disability. Permanent legal incapacity can be difficult to prove, and you will need to have medical evidence to support your claim.

Other Grounds for Divorce

There are other grounds for divorce that may be available in some cases. This list of grounds for divorce includes:

Incest is defined as marrying or having sexual relations with a close relative. This can be grounds for divorce in some cases.

Bigamy occurs when one spouse is already married to someone else at the time of the second marriage. This can be grounds for divorce in some cases.

Fraud occurs when one spouse lies to the other about something important in order to get them to marry. This can be grounds for divorce in some cases.

Force is when one spouse is forced to marry against their will. This can be grounds for divorce in some cases.

How a Divorce Lawyer in California Can Help

A divorce lawyer in California can help you in numerous ways when you are thinking about divorce. They can help you understand the grounds for divorce and what evidence you will need to prove your case.  An attorney can also help you gather the evidence you need to prove your grounds for divorce, if necessary, and negotiate a settlement with your spouse or represent you in court if necessary.

If you decide to follow through with your divorce, your attorney will be with you every step of the way, from filing the initial paperwork to attending court hearings. Your attorney will be your advocate and will fight for your best interests throughout the process. So, if you are considering divorcing your spouse, be sure to contact one of the best divorce lawyers California to learn more about your legal rights and options. Be sure to contact Tierney Law Group, our divorce lawyers in California will help you throughout the process.