Ending A Marriage: General Information
In California there are three ways a person can dissolve their marriage. They are: divorce, legal separation or an annulment. What are the differences between a divorce, a legal separation and an annulment?
A divorce (also called “dissolution of marriage” or “dissolution of domestic partnership”) ends your marriage or domestic partnership. After you get divorced, you will be single, and you can marry or become a domestic partner again.
If you get divorced, you can ask the judge for orders like child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, division of property and other orders.
For married persons to get a divorce, you MUST meet California’s residency requirement which provides that you must reside in California for at least six months and within the county where you wish to file your divorce for three months.
A legal separation does not end a marriage or domestic partnership. You can’t marry or enter into a partnership with someone else if you are legally separated (and not divorced). A legal separation is for couples who do not want to get divorced but want to live apart and decide on their own money, property and parenting issues. Couples sometimes prefer separation over divorce for religious reasons.
Also, you do not need to meet California’s residency requirement to file for a legal separation, and California law provides that you may later amend your legal separation petition to ask the court for a divorce — after you meet the residency requirements.
In a legal separation case, you can ask the judge for orders like child support, spousal support, partner support, custody and visitation, domestic violence restraining orders or any other orders you can get with a divorce case.
An annulment (or “nullity of marriage” or “nullity of domestic partnership”) is when a court says your marriage or domestic partnership is NOT legally valid. A marriage or domestic partnership that is incestuous or bigamous is never valid. Other marriages and partnerships can be declared “void” because:
- of force, fraud, or physical or mental incapacity;
- one of the spouses or partners was too young to legally marry or enter into a domestic partnership;
- or one of the spouses or partners was already married or in a registered domestic partnership. Annulments are very rare.
If you ask to have your marriage or domestic partnership annulled, you will have to go to a hearing with a judge.
Note: If you file for an annulment and have children in common with the other party, you must ask the court to establish the parentage of that person. Check with a lawyer about how to do this.
If you have any further questions on divorce, legal separation or annulment, please call Goodrich & Cheung, LLP, at 858-429-9958 and a qualified attorney would be happy to speak with you.