When a marriage ends, one of the first questions people ask is: What are the legal grounds for divorce in California?
It’s important to know that California is a no-fault divorce state. Understanding how California courts view divorce and how the dissolution process works will help you know what to expect and how to prepare.
At Schoenberg Family Law Group, P.C., our San Francisco divorce attorneys have guided countless clients through every stage of the dissolution process. We ensure that our clients understand their rights, obligations, and strategic options under California family law.
Understanding “No-Fault” Divorce
Unlike many other states, California follows a “no-fault” divorce system. This means that neither spouse has to prove wrongdoing, misconduct, or fault to end the marriage. You don’t have to show that your spouse was unfaithful, abusive, or irresponsible—only that the marriage has broken down beyond repair.
Divorces in California are filed under irreconcilable differences, which simply means that the couple’s relationship has suffered such significant and lasting problems that reconciliation is no longer possible.
“Irreconcilable Differences”:
The vast majority of California divorces cite irreconcilable differences as the reason for dissolution. This category encompasses any persistent conflict or breakdown in the marriage that makes continuing the relationship unrealistic. Common examples include:
- Constant conflict or lack of communication
- Growing apart over time
- Differences in lifestyle, finances, or goals
- Breach of trust or loss of emotional connection
By using this no-fault approach, California aims to make the divorce process more respectful and less emotionally charged. It also prevents one spouse from delaying or preventing the divorce by disputing fault allegations.
Even if your spouse disagrees about getting divorced, the court will still grant it if one party testifies that the marriage is irretrievably broken.
Separation Before Divorce
Legal separation allows couples to live apart and divide their finances without formally ending their marriage.
Some spouses choose legal separation for religious reasons, to maintain health insurance coverage, or to meet California’s residency requirements before filing for divorce.
In California, at least one spouse must have lived in the state for six months and in the county of filing for at least three months before submitting a divorce petition. Legal separation does not require those residency minimums.
Schoenberg Family Law Group, P.C. helps clients evaluate whether legal separation or divorce best fits their goals, especially when complex financial or child-related issues are involved.
How Fault Can Still Affect the Divorce Process
Even though California’s divorce law is “no-fault,” certain behaviors can still influence specific outcomes in a divorce case. For example:
- Domestic violence may impact child custody and visitation decisions.
- Financial misconduct (such as hiding assets or excessive spending) can affect property division.
- Marital waste—using community funds for non-marital purposes—can lead to reimbursement orders.
An experienced San Francisco divorce attorney can ensure that relevant evidence of misconduct is properly presented to the court, even when it does not serve as a formal “ground” for the divorce itself.
The Divorce Process in California
The California divorce process generally follows these steps:
- Filing the Petition for Dissolution (Form FL-100)
- Serving the Other Spouse and filing proof of service
- Exchange of financial disclosures
- Negotiation or mediation to resolve issues like property division, custody, and support
- Final judgment—by settlement or trial—finalizing the divorce
The minimum waiting period before a divorce is finalized in California is six months from the date the other spouse is served. However, the timeline can extend depending on the complexity of financial, custody, or support issues.
Why Work With Schoenberg Family Law Group, P.C.
At Schoenberg Family Law Group, P.C., we provide comprehensive guidance through the divorce process—from understanding the legal grounds to protecting your assets and parental rights. Our award-winning San Francisco family law team offers:
- Decades of experience handling complex, high-asset, and high-conflict divorces
- Deep knowledge of California family law statutes and local court procedures
- Strategic advocacy focused on achieving fair, sustainable resolutions
- Compassionate, personalized support during emotionally challenging times
We serve clients across San Francisco, Marin County, San Mateo County, and the greater Bay Area, offering skilled representation in all aspects of family law.
Contact a San Francisco Divorce Attorney
If you are considering divorce or separation, it’s crucial to understand your rights and options under California law. The Schoenberg Family Law Group, P.C. can help you navigate this process with clarity, confidence, and care.
Call (415) 834-1120 to schedule a confidential consultation with an experienced San Francisco divorce lawyer today.
