Legal Question in Family Law in California

how to divorce mentally ill spouse? only irreconcileable differences?

Asked on 7/15/12, 9:27 pm

2 Answers from Attorneys

Patrick McCrary Law Office Of Patrick L. McCrary

I divorce based on irreconcilable differences is the easiest way as it will be granted without any substantial proof. Incurable insanity would require a professional opinion which would be expensive and not of any real benefit.

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Answered on 7/16/12, 6:26 am
Anthony Roach Law Office of Anthony A. Roach

Irreconcilable differences sounds like a difficult ground, but it's not. If one spouse doesn't want to be married anymore, the court will dissolve the marriage, regardless of the intentions of the other spouse. That is the heart of California's no fault divorce system which has been in place since 1975. The idea was to eliminate the strain on the court system with attempts to prove fault, and to discourage perjured testimony.

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Answered on 7/16/12, 8:18 am

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