If Not Irreconcilable Differences, Then What?

Photo of man who looks insane

Is it incurable insanity or just irreconcilable differences?

Incurable Insanity? Seriously. In California, there are only two grounds someone can site in seeking a divorce, and they’re (1) irreconcilable differences and (2) incurable insanity.

That’s been the law in California since 1970 when we became a no-fault divorce state. In other words, you can get a divorce simply because you and your spouse no longer get along or because he or she is insane.

As to the insane, it’s tempting, I know. But trust me, it’s a technical term and probably doesn’t apply to your spouse despite everything he/she does or says.

So why do I get an I-Pad “alert” eagerly telling me that when Maria Shriver filed for divorce from Arnold Schwarzenneger she cited “Irreconcilable Differences” as the grounds? Habit is my best guess. When we were a fault state, the cited grounds in celebrity divorce was a juicy tidbit of information. Why are they divorcing? Was it Cruelty? Abandonment? Adultery? Something else? You can see the gossip value in knowing why.

Now, even though the grounds is basically meaningless, the press insists on repeating the breaking news that “irreconcilable differences” was cited. Clearly, this is an example of institutional habit….unless they’re making the point that Maria doesn’t believe Arnold’s incurably insane? (Sorry. The incurable insanity comments bubble to the surface real easily.)

The next time you hear “irreconcilable differences” cited by the press, you can be the smart-aleck among your friends, exclaiming with sincere disgust, “Well, of course!! What else was going to be cited? Incurable insanity?” Most people (including the press, apparently) aren’t aware of this interesting piece of information. Share it and you’ll look sound really smart. And it might come in handy at your local pub quiz. You can thank me later.

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About Barbara Hammers

Ms. Hammers is a native Southern Californian born in Glendale, California. After several years of running successful businesses, she earned her degree in Psychology, graduating with highest honors from California State University, Fullerton. Ms. Hammers went on to earn her law degree from University of California, Los Angeles, and started her own practice shortly thereafter. Although she has some civil litigation experience, she has concentrated her law practice in the area of domestic relations/Family Law since 1997. She is certified as a Specialist in Family Law by the State Bar of California, Board of Legal Specialization. Ms. Hammers is currently the senior litigation partner in Hammers & Baltazar, LLP, with offices located in Santa Monica and Newport Beach, California. Her organizational memberships include the Family Law Sections of the State Bar of California, Los Angeles County Bar Association, Santa Monica Bar Association, Beverly Hills Bar Association, Orange County Bar Association, American Bar Association and is currently a member of the Family Law Executive Committee for the State Bar of California (FLEXCOM). She was the Chair for the State Bar of California's Children's Issues Committee from 2005 to 2009, was the Committee's Secretary from 1998 to 2003, and the Vice Chair from 2003 to 2004. She is currently serving as a member of the Board of Directors for the Association of Certified Family Law Specialists. She is the Chair of the Santa Monica Bar Association's Family Law Section and is the incoming president of the Santa Monica Bar Association. She is a member of the Los Angeles County Bar Association's Family Law Section Executive Committee. She is a graduate of the American Bar Association, Family Law Trial Advocacy Institute. Ms. Hammers has lengthy experience in program presentations for the Family Law Section of the Santa Monica Bar Association and has coordinated and hosted monthly MCLE programs approximately 10 times per year since 2006. She has developed and presented programs for the American Bar Association's Family Law Section and has assisted in the development of programs for the State Bar of California, Family Law Section. She has also authored articles on fathers paternity rights, division of stock options, law practice management, domestic violence prevention, and various other topic of interest to the family law community. Her volunteer efforts in the community have included assisting victims of Domestic Violence through volunteering at local Domestic Violence Clinics in Los Angeles County, and she has been assisting the Los Angeles County Superior Court in Family Law, Traffic, Civil Harassment, and Small Claims in courthouses throughout Los Angeles County since 2007. Early training as a litigator allows her to move comfortably in the family court system but her natural talents as a problem solver make her an excellent mediator. In her desire to offer the full range of legal services to the family law client, she has expanded her practice to include Collaborative Divorce which allows the family law client an alternative to the traditional legal model of litigation to resolve disputes. Collaborative Divorce allows the clients and their counsel to fashion remedies that make the process of divorcing one with the potential of growth for both parties while preserving the resources of the couple and lessening the damage to children often experienced in the adversarial process. The outcome is usually better than can be obtained in the traditional litigation setting. Ms. Hammers can be contacted at her office in Los Angeles County at Hammers & Baltazar, 1410 2nd Street, Suite 302, Santa Monica, CA 90401 (310) 458-0796, or at her Orange County office located at 901 Dover Drive, Suite 211, Newport Beach, CA 92660 (949) 631-2805. Areas of Practice: 100% Family Law Litigation Percentage: 75% of Practice Devoted to Litigation Certification/Specialties: Family Law, State Bar of California, Board of Legal Specialization, 2006 Bar Admissions: California, 1997 U.S. District Court Central District of California, 1997 U.S. Supreme Court, 1997 Education: University of California at Los Angeles School of Law, Los Angeles, California, 1997 J.D. California State University, Fullerton, California, 1994 B.S. Honors: Summa Cum Laude Honors: Dean's List & Consecutive Semesters Major: Psychology Citrus Community College, Glendora, California, 1991 Associate Science Honors: With Honors Major: Cosmetology Professional Associations and Memberships: State Bar of California, Family Law Section, 2008 - 2011 Executive Committee Los Angeles County Bar Association Member Santa Monica Bar Association, 2009 - 2010 President Elect Beverly Hills Bar Association Member Orange County Bar Association Member American Bar Association Member State Bar of California, 2005 - 2008 Chair, Children's Issues Committee State Bar of California, 1998 - 2003 Children's Issues, Committee Secretary State Bar of California, 2003 - 2004 Children's Issues, Vice Chair Santa Monica Bar Association, Family Law Section, 2006 - 2009 Chair The Santa Monica Bar Association Board of Trustees Los Angeles County Bar Association, Family Law Section, 2007 - 2010 Member, Executive Committee
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