emotional and mental abuse in divorce

can i claim mental and emotional abuse as part of the divorce petition

Asked on June 12, 2009 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the California Family Code section 2310-2313, grounds for dissolution of marriage are as follows:

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.

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
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.
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 therefor, as the circumstances require.

A divorce attorney in California will best be able to tell you if emotional and mental abuse are considered "irreconcilable differences" but I have a hunch they might if they are spelled out well in the petition. Good luck.





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