Full question:
I am married, but I have a girlfriend too. We want to get married but before that I would like to legally divorce my wife. Can I file a divorce without proving any fault on her behalf? We live in California.
- Category: Divorce
- Date:
- State: California
Answer:
Yes, California has a “no-fault divorce” law. In California, a married person can get divorced based a generic claim of “irreconcilable differences.” Therefore, you may divorce your wife without proving any fault. The other grounds for divorce are mentioned in Fam. Code, § 2310.Fam. Code, § 2310 states:
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) Permanent legal incapacity to make decisions.
(a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage.
(b) Permanent legal incapacity to make decisions.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
