How To Prove A California Divorce – No Fault – Irreconcilable Differences Claim

In California, a claim of Divorce – No Fault – Irreconcilable Differences is defined as:
Irreconcilable differences exist when there are substantial reasons for not continuing a marriage, and the marriage should be dissolved. Neither party has to be at fault.
It simply means:
When one or both spouses want to dissolve a marriage.
There are 3 elements of the claim:
- Element 1. You and your spouse have irreconcilable differences, which have caused the permanent breakdown of the marriage. You and your spouse have serious disagreements that you can’t resolve, leading to a complete and permanent end to your marriage, which is a key reason for filing a no-fault divorce based on irreconcilable differences.
Facts that might support this element look like:
* You and your spouse have not shared a meaningful conversation in over six months, indicating a lack of emotional connection.
* You have both expressed a desire to live separately, with one spouse moving out of the marital home.
* Attempts at counseling have failed, as both parties were unwilling to compromise or communicate effectively.
* You and your spouse have developed distinct lifestyles and interests that no longer align with each other.
* Frequent arguments over financial decisions have created an unresolvable rift in the relationship. - Element 2. The marital differences are considerable. In a no-fault divorce, “considerable marital differences” means that the couple has significant disagreements or conflicts in their relationship that are so deep-rooted that they cannot be resolved, leading them to seek a legal separation without blaming either party.
Facts that might support this element look like:
* The couple has not shared a bed or engaged in intimate relations for over a year, indicating a significant emotional and physical separation.
* They have maintained separate finances for the past two years, reflecting a lack of shared financial goals and responsibilities.
* Communication between the spouses has deteriorated to the point where they rarely speak, often only discussing necessary household matters.
* Each spouse has expressed a desire to live apart, with one party already residing in a separate home for six months.
* The couple has sought counseling multiple times, but each attempt has failed to resolve their ongoing conflicts and differences. - Element 3. No reasonable possibility of reconciliation exists between the parties. This means that the couple has tried to resolve their issues but has found that they cannot come back together or fix their relationship, making it clear that their differences are too great to overcome.
Facts that might support this element look like:
* The parties have not engaged in meaningful communication for over six months, indicating a complete breakdown in their relationship.
* Both parties have expressed a desire to live separately and have maintained separate residences for the past year.
* The parties have sought individual counseling but have not pursued joint therapy, demonstrating a lack of willingness to reconcile.
* Significant disagreements over fundamental values and life goals have persisted, making compromise impossible.
* The parties have filed for divorce and have not attempted to resolve their differences through mediation or negotiation.
(See California Family Code. ¬ß 2310 and 2313, and 2311. In re Marriage of Walton, 28 Cal. App. 3d 108 – Cal: Court of Appeal, 4th Appellate Dist., 2nd Div. 1972. Diosdado v. Diosdado, 118 Cal. Rptr. 2d 494 – Cal: Court of Appeal, 2nd Appellate Dist., 4th Div. 2002. In re Marriage of Garcia, 13 Cal. App. 5th 1334 – Cal: Court of Appeal, 4th Appellate Dist., 1st Div. 2017.)
If you’re representing yourself in court and plan to assert a claim of Divorce – No Fault – Irreconcilable Differences, 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 that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate your divorce effectively.
Prove Your CA Divorce – No Fault – Irreconcilable Differences Claim
U.S. Civil Cases Only