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from: Divorce Law
Summary:
Are you planning on filing for a divorce? Don’t be too hasty too acquire and sign those pages yet. Make sure you’re not stepping on someone else’s toes. Take a peek on the Divorce Law before you proceed on filing for that divorce papers.
Note: This is the California State Code on Grounds for Dissolution or Legal Separation. It may vary from state to state.
Family Code
Section §§ 2310-2313
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.
While intended generally for a lasting benefit of each of the couple, Divorce Law Section 2310 stating irreconcilable differences can be abused in many ways imaginable. This law can be played almost single handedly, and when played right can be successful most of the time. That’s why this decree is notorious for being highly exploitable.
Divorce Law Section 2310 also includes cases where a spouse can no longer participate in the divorce proceedings due to reasons of insanity. Because such cases in the past can never be awarded a divorce, obviously since one of the spouses is insane, divorce is then automatically awarded.
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.
The grounds for irreconcilable differences in this Divorce Law are (but not limited to) cruelty or the habitual infliction of unnecessary pain whether be emotional or physical, adultery, desertion though there are certain grounds for it, confinement in prison in an extended number of years, and a physical inability to engage in sexual intercourse whether for reasons of sex inclination or even the ability to sire/rear a child.
2312. A marriage may be dissolved on the grounds of incurable insanity only upon proof, including competent medical or psychiatric testimony, that the insane spouse was at the time the petition was filed, and remains, incurably insane.
Take note that the dissolution of the marriage only applies to petitions of insanity that wasn’t known (or existed) before the marriage. It this divorce law needs medical or psychiatric diagnosis (or both depending on the state) to gain legality.
2313. No dissolution of marriage granted on the ground of incurable insanity relieves a spouse from any obligation imposed by law as a result of the marriage for the support of the spouse who is incurably insane, and the court may make such order for support, or require a bond therefore, as the circumstances require.
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