Filing a Contested Divorce in California

A spouse can file for a contested divorce in California on the grounds of either irreconcilable differences (no-fault) or incurable insanity. The complainant must have resided in the state for at least six months and in the county of filing at least three months before submitting the petition. The court will determine by the evidence if the grounds are reasonable for an assertion of "irreconcilable differences."

2310. 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.

2311. 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.

2312. A marriage may be dissolved on the grounds of incurable insanity only upon proof, including competent medical or psychiatric testimony, that the insane spouse was at the time the petition was filed, and remains, incurably insane.

2320. A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.

2333. Subject to Section 2334, if from the evidence at the hearing the court finds that there are irreconcilable differences which have caused the irremediable breakdown of the marriage, the court shall order the dissolution of the marriage or a legal separation of the parties.

2334. (a) If it appears that there is a reasonable possibility of reconciliation, the court shall continue the proceeding for the dissolution of the marriage or for a legal separation of the parties for a period not to exceed 30 days.

(b) During the period of the continuance, the court may make orders for the support and maintenance of the parties, the custody of the minor children of the marriage, the support of children for whom support may be ordered, attorney's fees, and for the preservation of the property of the parties.

(c) At any time after the termination of the period of the continuance, either party may move for the dissolution of the marriage or a legal separation of the parties, and the court may enter a judgment of dissolution of the marriage or legal separation of the parties.

Get Legal Advice

To file a contested divorce in California, you must have resided in the state at least six months and in the county of filing at least three months before submitting a petition. You can assert either irreconcilable differences or incurable insanity (of the other spouse). If the court determines that reconciliation is possible, the court will extend the court proceedings for another 30 days. Talk with an experienced divorce attorney in California to discuss your case.

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