What is Divorce in California?
A divorce is a court procedure that ends your marriage. California divorces are “no fault”, meaning the divorce is granted despite a lack of misconduct by either party. Most petitioners cite “irreconcilable differences” as grounds for divorce which requires merely the one spouse states that the two are not getting along. Affairs, extra-marital children, and related misconduct t is disregarded by the courts when determining property division and spousal support. However, the courts do consider parental behavior for rulings on child custody and child support.
Residency Requirements:
To file for divorce, you and your spouse must have lived in CA for the past 6 months and in the filing county for the last 3 months.
What is Legal Separation in California?
A legal separation does not end your marriage. Thus, you may not get remarried when separated. Unlike divorce, legal separation does not have a waiting requirement. Simply file the appropriate forms with the court.
Married couples chose a separation over a divorce primarily for financial reasons. Consider the following:
- Staying on the spouse’s insurance plan
- Tax strategies such as “head of household” filing status
- Prolonging the marriage until pension or Social Security deadlines for eligibility
What is an Annulment in California?
Like with divorce, an annulments terminates your marriage. In an annulment the court rules that your marriage is invalid, treating the marriage as though it never happened. In California annulments are very rare due to the limited circumstances appropriate for annulments. The following are appropriate grounds for an annulment in CA:
- Incest
- Bigamy
- Being a minor at date of marriage – filed within 4 years after reaching 18 or by parent or guardian while the minor is still under 18
- Unsound mind – unable to understand the nature and obligations of marriage
- Fraud
- Force
- Incapacity – incapable of “consummating” the relationship
- Despite the common misconception, the length of a marriage is NOT an appropriate grounds for annulment.
