California Family Code § 2310: Grounds for Dissolution or Legal Separation

Plain-Language Summary

California’s divorce law is strictly no-fault. Under §2310, the only grounds to end a marriage (by divorce or legal separation) are (a) irreconcilable differences – meaning the marriage has broken down – or (b) a spouse’s permanent legal incapacity to make decisions. In other words, neither adultery nor any fault-based reason matters in a California divorce; you simply cite one of these two statutory grounds.

Real-World Examples

  • A married couple who have grown apart after many years and cannot agree on living together may file for divorce due to irreconcilable differences. The court will grant a no-fault divorce without asking who “caused” the breakup.
  • A spouse suffers from severe dementia or another permanent mental illness. The other spouse can file for dissolution on the ground of permanent incapacity to make decisions, providing medical evidence to prove it. This recognizes that the marriage cannot function when one party can no longer participate in decisions.

Published Case Law on § 2310

  • In re Marriage of Mehren & Dargan, 118 Cal.App.4th 1167 (2004) – The appellate court struck down a postmarital agreement that would have penalized a husband for drug use, holding it unenforceable under the state’s no-fault divorce policy. The court emphasized that such a contract violates the intent of §2310 because “fault is simply not a relevant consideration in the legal process by which a marriage is dissolved.”
  • In re Marriage of Bonds, 24 Cal.4th 1 (2000) – The California Supreme Court enforced a premarital agreement where one spouse lacked counsel, reaffirming that marriage is a highly regulated institution. While Bonds did not turn on §2310, it reflects the same principle that spouses cannot contract around California’s no-fault divorce laws.
  • In re Marriage of Leib, 80 Cal.App.3d 629 (1978) – An appellate case confirming that California’s Family Law Act removed fault from divorce proceedings. The court noted that the law “eliminates reference to the notion of fault as a factor…upon dissolution of marriage,” consistent with §2310.

Full Text of California Family Code § 2310

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.

This content is provided for general informational purposes only and is not legal advice. Laws and their interpretations can change, and how the law applies to your specific situation may vary. For advice regarding your own circumstances, consult a qualified attorney.