Residency
In order to file for divorce, the court must have jurisdiction over the case. In the state of California, a residency requirement must be met. If the requirement is not met, the court will not accept the case.
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. (California Code: Section 2320)
Grounds for Filing
In the state of California the grounds which are those that are agreed upon and substantiated by both parties or those presented by the filing spouse to the court must be declared in The Petition for Marital Dissolution.
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. (California Code: Section 2310)
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. (California Code: Section 2311)
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. (California Code: Section 2312)
No dissolution of marriage granted on the ground of incurable insanity relieves a spouse from any obligation imposed by law as a result of the marriage for the support of the spouse who is incurably insane, and the court may make such order for support, or require a bond therefore, as the circumstances require. (California Code: Section 2313)
Terms
- Filing Spouse: The Plaintiff or Petitioner is the marital party that files for The Petition for Dissolution of Marriage.
- Non-Filing Spouse: The Defendant or Respondent is the marital party that receives The Petition for Dissolution of Marriage.
- Court Name: In the state of California, this is the Superior Court of the county where the Petition for Dissolution of Marriage is filed. The court will have jurisdiction over the case.
