The Supreme Court of California offers fault-based grounds for divorce proceedings. With each ground, the state imposes specific provisions. Fault-based proceedings aren’t the same as simplified divorces and could require a lengthy duration to complete.
Identifying Fault-Based Grounds in Divorces
Adultery is the most common fault-based grounds. According to the provisions, a spouse is unable to use this ground if they encouraged their spouse to cheat. If the petitioner had sexual relations with their spouse after they discovered the infidelity, these aren’t viable grounds. The grounds also aren’t available if the infidelity occurred five years prior to the date in which the divorce petition is filed. To begin a petition contact Divorce Lawyers in Temecula now.
Cruel and Inhumane Treatment
Abuse of any kind is classified under these grounds. The grounds indicate that the mental, physical, or emotional health of the petitioner is in danger. Acts of domestic violence or mental anguish are documented through police reports. The petitioner should acquire an order of protection at the beginning of the divorce proceedings through Divorce Lawyers in Temecula. However, according to the provisions ordered by the court, the abuse must have continued and the last incident had to occur no more than four years prior to filing.
Incarceration as Divorce Grounds
A petitioner may acquire a divorce after their spouse is sentences to prison. The prison sentence must equate to at least three years. The petitioner cannot file for a divorce using this ground if their spouse was released from prison for more than four years.
A Legal Separation
A couple may acquire a legal separation if they aren’t ready for a divorce. The law requires them to live apart for at least one year before filing. The couple must agree to the terms and follow them as directed by the court.
Divorce cases in which a fault is assigned require certain conditions to exist. These conditions dictate if the couple may use the identified ground as their reason to dissolve their marriage. To learn more about restrictions for divorce grounds contact Divorce Lawyers in Temecula through Michelle R. Penna the DUI Attorney today.