A marriage may be dissolved on the grounds of permanent legal incapacity to make decisions only upon proof, including competent medical or psychiatric testimony, that the spouse was at the time the petition was filed, and remains, permanently lacking the legal capacity to make decisions.

(Amended by Stats. 2014, Ch. 144, Sec. 10. (AB 1847) Effective January 1, 2015.)

Terms Used In California Family Code 2312

  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.