How To Prove A California Divorce – Fault – Incapacity Claim

 

How To Prove A California Divorce - Fault - Incapacity Claim

 

In California, a claim of Divorce – Fault – Incapacity is defined as:

A divorce based on incapacity requires a spouse to prove that their marital partner has a permanent legal incapacity and is unable to make decisions.

It simply means:

To get a divorce, a spouse must prove the other spouse is at fault.

There are 2 elements of the claim:

  • Element 1. You have competent medical or psychiatric evidence that your spouse permanently lacked the legal capacity to make decisions. You need to show that a qualified medical professional has confirmed your spouse was unable to make decisions for themselves permanently, which is a key requirement for claiming that their incapacity is a valid reason for divorce.

    Facts that might support this element look like:

    * A licensed psychiatrist evaluated my spouse and concluded that they suffered from a severe mental disorder that impaired their decision-making abilities.
    * Medical records indicate that my spouse was diagnosed with a cognitive impairment that rendered them unable to understand the consequences of their actions.
    * Testimony from a qualified psychologist confirmed that my spouse lacked the capacity to make informed decisions regarding their personal and financial affairs.
    * My spouse’s condition was documented over several years, showing a consistent pattern of incapacity during critical decision-making periods.
    * A court-appointed guardian was established for my spouse due to their inability to manage their own affairs, further supporting their lack of legal capacity.

  • Element 2. The incapacity occurred after inception of a valid marriage and before the divorce petition was filed In a divorce case based on fault due to incapacity, this means that one spouse became unable to fulfill their marital duties after the marriage began but before the divorce was officially requested.

    Facts that might support this element look like:

    * The parties were legally married on June 15, 2015, and lived together as a married couple until the incapacity occurred.
    * The spouse began exhibiting signs of mental incapacity in January 2022, well after the marriage was established.
    * A medical evaluation conducted in March 2022 confirmed the spouse’s incapacity, which persisted until the divorce petition was filed in August 2022.
    * The incapacity was documented by healthcare professionals, indicating a significant decline in the spouse’s cognitive abilities after the marriage.
    * The divorce petition was filed on September 1, 2022, following a prolonged period of incapacity that began in early 2022.

(See California Family Code 2312. In re Marriage of Garcia, 13 Cal. App. 5th 1334 – Cal: Court of Appeal, 4th Appellate Dist., 1st Div. 2017.Diosdado v. Diosdado, 118 Cal. Rptr. 2d 494 – Cal: Court of Appeal, 2nd Appellate Dist., 4th Div. 2002.)
If you’re in court without a lawyer and plan to assert a claim of Divorce – Fault – Incapacity, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your divorce effectively.

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