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California Divorce Laws

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  • Section 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) Incurable insanity.
  • Section 2311. Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.
  • Section 2320. A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.
  • Section 2339. (a) Subject to subdivision (b) and to Sections 2340 to 2344, inclusive, no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first.
        (b) The court may extend the six-month period described in subdivision (a) for good cause shown.
    [Note: This is the statute containing California's 6-month waiting period after filing of the dissolution petition.]

    Last Updated: 5-14-08

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