Legal Question in Family Law in California

Re: irreconcilable differences ground for dissolution of marriage

If you do not have a prenup defining the tems of your marriage, the State legislature has written one for you. They have done the "favor" of defining Marriage and the terms of divorce for you. These terms are contained in the Family Code. The state legislature, along with the appellate courts have come to the folloiwing conclusions, to assist people with their marriage:

1) Marriage is created by statute. Silly things like love, fidelity, faithfulness, commitment, honesty, etc. have nothing to do with marriage.

2) People can get married and divorced as many times as they want for any reason they want, well except for the reason of establishing citizenship. That would be bad.

3) When it comes to paying spousal support, it is irrelevant what the reasons for the divorce are or who is right or who is wrong. What matters most is which spouse has the ability to earn more money. That spouse should pay spousal support to the other, even if the other spouse caused the divorce and is what most people would consider a very evil person.

You may be thinking, but we made vows, we had a ceremony, we made promises, and we made commitments. To which I would respond, you forgot one thing: to make a prenup.