Living with a spouse who is emotionally checked out of the marriage can be painful. By the time you reach the decision to separate, the emotional distance has often existed for years. People often wonder whether the law recognizes emotional detachment as a valid reason for divorce.
Legal grounds for divorce
Because California is a “no-fault” state, an emotionally detached spouse can be a valid reason to seek a divorce. That means you do not need to prove marital neglect, lack of intimacy or any other form of wrongdoing to obtain a divorce. Under California family law, the state recognizes only two legal grounds for dissolution of a marriage:
- Irreconcilable differences: This applies to a marriage that suffered an irredeemable breakdown. Emotional detachment might contribute to those differences.
- Permanent legal incapacity to make decisions: This is a rarely used ground requiring expert medical testimony that a spouse is permanently unable to make decisions due to severe mental illness or injury.
As emotional distancing could fall under irreconcilable differences, marital property, stock and real estate are still divided under California’s 50-50 community property divisions without any financial penalty tied to a spouse’s emotional withdrawal from a relationship.
What this means for your divorce
Realizing your marriage is over can be emotionally draining. But you do not have to wait for an absent partner to give you closure. If you are preparing to move on and explore your legal options forward, seeking the guidance of an experienced family law attorney could help you understand how these rules apply to your specific situation and what to expect financially.
