Grounds For Dissolution / Legal Separation

A dissolution of marriage or legal separation can be obtained only on grounds of irreconcilable differences or permanent incapacity to make decisions. The most common basis for dissolution or separation is the former. The court will look to whether irreconcilable differences have caused the irremediable breakdown of the marriage. This inquiry is “no fault,” meaning the actual reasons for the marital breakdown are irrelevant. The only question is whether the marriage, taken as a whole, is past saving. As mentioned, a marriage may be dissolved due to permanent legal incapacity.

This post is for informational purposes (see disclaimers). Credit is due to Rutter’s California Practice Guide- Family Law.

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