Three Ways to Legally End Your Marriage or Domestic Partnership in California

Dissolving a marriage or domestic partnership can be stressful and challenging, no matter the circumstances. There are three ways to legally end your marriage or domestic partnership in California. Depending on your situation, one may work better than the others, which is why it’s important to understand your options.

No matter which method you choose for separating from your spouse or domestic partner, it’s advantageous to understand the nuances of each process. By working with a California family lawyer, you can explore each option in depth and choose the right avenue for your situation.

Ending a Marriage Through Divorce in California

Divorce, also known as dissolution in California, is a common method people use to separate from their spouse. Once you file a petition for divorce and serve your spouse, they have 30 days to respond. Then, you can enter mediation or litigation to resolve the case. To file for divorce in California, you or your spouse must be living in the state for at least six months and the county in which you’re filing for at least three months.

Moreover, there is a mandatory six-month waiting period between the time you serve your spouse and the time the divorce can be finalized. You can also file for a dissolution of domestic partnership.

In 2022, California’s divorce rate was 5.9, so roughly six of every 1,000 women got a divorce that year. Recent reports have indicated that this number may have increased slightly over the last few years. In the 2022-2023 fiscal year, there were 5,490 filings and 5,674 dispositions reported by the California Supreme Court.

Ending a Marriage Through Legal Separation in California

Legal separation allows couples to live separate lives and establish new guidelines for issues in the partnership. Much like in divorces, these issues can include child custody, division of assets, spousal support, and visitation rights.

The legal separation process can be similar to divorce, barring some key differences. With a legal separation, you’re legally still bonded to one another, which means you can’t remarry. Moreover, you don’t have to meet any residency requirements to file for legal separation.

This option is beneficial for couples who wish to separate but still maintain certain marriage benefits. It can also be helpful for spouses facing difficulties to take time away from each other without doing something as final as a divorce. Legal separation can also be less taxing—both emotionally and financially—than a divorce.

However, you still share financial ties with your spouse, which means you may still be responsible for any debts or other obligations.

Ending a Marriage Through Nullity in California

While divorce and legal separation describe the process of separating from a legally valid partnership, a nullity (or annulment) refers to ending a partnership that was never valid in the first place. If you’re seeking a nullity of marriage or domestic partnership in California, you must prove in court that your marriage meets specific requirements. It’s important to note that you can’t get an annulment simply because it was a short marriage.

While the grounds for both divorce and legal separation are either irreconcilable differences or incurable insanity, the grounds for filing for annulment are as follows:

• Bigamy
• Force
• Fraud
• Incapacity
• Incest
• An earlier but currently valid marriage or domestic partnership
• Underage
• Unsound mind

Annulments also differ from divorces and legal separations because a judge can’t always divide your debts and property. They also cannot handle issues like spousal support unless they determine one of the spouses is a putative spouse. This refers to someone who believed that the marriage was legal. However, you must prove this.

Unlike divorces, you don’t need to meet a residency requirement, and you don’t have to deal with a mandatory waiting period. Reach out to a California family law attorney to see if you qualify for an annulment. If you don’t, they can help you start the process of a legal separation or divorce instead.

FAQs

Q: Who Can Get Divorced in California?

A: To file for divorce in California, you must meet certain requirements, specifically regarding your residency. You or your spouse must be living in California for at least six months, and the county in which you’re filing for at least three months. If you don’t meet these requirements, you can file for legal separation first. Later, you can file for a divorce once you’ve lived there long enough.

Q: Can I Get a Divorce in California If My Spouse Doesn’t Want One?

A: Yes, in California, it is not a requirement for both spouses to want a divorce. If one spouse wants to end the marriage, they can file and serve their partner. The opposing spouse can refuse to participate in the case, but this likely ends with a default judgment in favor of the spouse who filed.

Q: What Is a No-Fault Divorce?

A: In 1970, California was the first state to introduce no-fault divorce. This allows couples to separate from one another without assigning blame for the separation. Instead of needing to prove wrongdoing to get a divorce, you simply must state that there are irreconcilable differences that led to the breakdown of the marriage.

Q: Can I Change My Name in My Divorce in California?

A: If you file for divorce, you can change your name back to the one you had before you got married. If you have already finalized your divorce without changing your name, you can still change your name as part of the case. In California, you don’t have to go back to your birth name if you’d rather choose something else.

Contact a California Divorce Lawyer to Learn More About Your Options

Ending a marriage or domestic partnership can be a challenging time, but knowing your options can ease you through it. Whether you’re considering divorce, legal separation, or nullity, a California family law attorney can guide you through the process. That way, you can focus on healing and moving forward.

At Bickford Blado & Botros, we can protect your interests and provide quality legal representation for your case. Contact our office to set up an appointment and discuss your options today.

 

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