Grounds for Divorce in California
Part One of a blogging series covering legal issues presented in the Cruise and Holmes divorce.
In the midst of Tom Cruise and Katie Holmes’ divorce, you might be wondering what the grounds are to file for divorce. No, Katie Holmes cannot cite “Dislike for Scientology” or “We’re Just Friends” as a basis for relief.
In California, a divorce can be sought only on the grounds of irreconcilable differences or incurable insanity. California is considered a “no-fault” state. The irreconcilable differences ground is purposely broad. It is intended to represent the actual reasons underlying marital breakdowns and at the same time make irrelevant questions of fault or misconduct by either party.*
Holmes filed for divorce in New York** citing a “no-fault” cause of action called “irretrievable breakdown.” In addition, New York recognizes six other grounds for divorce. As a result of citing “irretrievable breakdown,” neither Cruise nor Holmes can play the “blame game.” It will be interesting to see how the case unfolds and whether or not the parties are able to reach agreements to keep the case out of court and out of the spotlight as much as possible.
The Certified Family Law Specialists*** at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. If you find yourself on either side of a divorce case, contact the Certified Family Law Specialists*** at Lonich Patton Erlich Policastri for further information. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
* See Marriage of Walton (1972) 28 Cal.App.3d 108, 119.
** Venue, aka proper county for trial, will be featured in Part Two of the blog series next week.
*** Certified Family Law Specialist, The State Bar of California Board of Legal Specialization
