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Choosing How To End A Marriage.
Basics of Divorce or Separation
There are 3 main ways to end a marriage or registered domestic partnership in California:
1. Divorce;
2. Legal separation; and
3. Annulment
It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can
decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop
the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce
case, the other spouse/partner will still be able to get a "default" judgment and the divorce will go through.
California is a "no fault" divorce state, which means that the spouse or domestic partner that is asking for the divorce
does not have to prove that the other spouse or domestic partner did something wrong. To
get a no fault divorce, 1 spouse or domestic partner has to state that the couple cannot get along. Legally, this is called
"irreconcilable differences."
After you decide how you want to end your marriage or domestic partnership, you need to plan your case ahead of time.
Think about how you are going to handle your case. Planning before you start and talking to a lawyer can save you time
and money as you go through the court process. And keep in mind that, normally, it does not matter who is the first to
file the divorce or separation case. The court does not give any preference to the first person to file or a disadvantage to
the person who responds to the case.
Divorce
A divorce (also called "dissolution of marriage" or "dissolution of domestic partnership") ends your marriage or
domestic partnership (or both if you are both married and in a domestic partnership with your spouse). After you get
divorced, you will be single, and you can marry or become a domestic partner again.
You can get a divorce if you say you have "irreconcilable differences" with your spouse or domestic partner. You do
not have to give the court any other reason or prove anything. There is no "guilty" or "non-guilty" person, from the
court's point of view. That is why California is called a "no-fault" divorce state.
The only thing the court is interested in is helping the separating spouses or partners reach a fair agreement about how
their life will be restructured after the divorce so they can move ahead to rebuild their lives.
When you start a divorce case, you can ask the judge to make orders about:
• Custody and visitation;
• Child support;
• Spousal or partner support;
• The division of your property; and
Choosing How to End a Marriage-Basics of Divorce or Separation
CA Paralegal Service
Fresno County LDA No.: X201210000012
1990 Shaw Ave., Ste A
Clovis, CA 93611
(559) 323-9400
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• Who will be responsible for paying debts.
If lawyers are involved, you may be able to get orders about who will pay their fees. You can also ask the judge to
make other orders about things like domestic violence.
The divorce process will take at least 6 months from the date the person filing for divorce officially lets his or her
spouse or domestic partner know about the divorce. The case can take longer. BUT it cannot be faster than the 6
months. This is a mandatory waiting period required by California law and no couple can be divorced faster than 6
months. You will be able to get all your paperwork turned in to the court and your divorce judgment approved, but the
divorce itself will not be final until at least 6 months after starting the case.
Summary dissolution
Some couples that have been married or in a registered domestic partnership for less than 5 years can get a "summary
dissolution" as long as they also meet other requirements. A summary dissolution is an easier way to end your marriage
or domestic partnership (or both).
California residency requirements for divorce
For married persons to get a divorce:
You MUST meet California's residency requirements. Either you or your spouse must have lived in:
• California for the last 6 months, AND
• The county where you plan to file the divorce for the last 3 months.
If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you
can file in either county.
If you do not meet the residency requirement, you can still file for a legal separation. Once enough time has passed so
that you meet the residency requirement for a divorce, you may file an "amended petition" and ask the court for a
divorce.
If you cannot (or do not want to) get a divorce, you can ask the judge for a legal separation.
Legal Separation
A legal separation does not end a marriage or domestic partnership. You cannot marry or enter into a partnership with
someone else if you are legally separated (and not divorced). If you ask for a legal separation, you may be able to
change to a divorce case later if you meet certain requirements.
A couple may decide they want to file for legal separation instead of divorce because:
• They do not want to get a divorce but want to live apart and get orders from the court about money, property, and
parenting issues.
• They do not want to get a divorce for religious reasons.
Choosing How to End a Marriage-Basics of Divorce or Separation
CA Paralegal Service
Fresno County LDA No.: X201210000012
1990 Shaw Ave., Ste A
Clovis, CA 93611
(559) 323-9400
2
www.ParalegalGroup.net
• They do not want to get a divorce because of their personal beliefs.
• They do not meet the required residency requirements to file for divorce in California, and they cannot or do not want
to wait to get the process of separating started.
• They do not want to divorce because of financial reasons (like, to keep 1 spouse or partner on the other's health
insurance plan or to keep certain benefits that require a couple to remain married).
Like with a divorce, when you get a legal separation, you can ask the judge to make orders about:
• Custody and visitation;
• Child support;
• Spousal or partner support;
• The division of your property; and
• Who will be responsible for paying debts.
If lawyers are involved, you may be able to get orders about who will pay their fees. You can also ask the judge to
make other orders about things like domestic violence. Learn more about domestic violence and staying safe.
To get a legal separation, you follow the same basic process used for a divorce.
California residency requirements for a legal separation
For married couples to get a legal separation:
• You can file in California if at least 1 of you is living in California.
• Once enough time has passed so that you meet the residency requirement for a divorce, you can file an
"amended petition" and ask the court for a divorce (if you want a divorce).
Annulment
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. After an annulment, it is like your marriage or domestic partnership never
happened because it was never legal.
A marriage is NEVER legally valid when it is:
• Incestuous (between close blood relatives}, or
• Bigamous (where a spouse is already married to, or in a domestic partnership with, someone else).
Other marriages and partnerships can be declared "void" (invalid) because:
• One of the people was under 18 years old at the time of the marriage or domestic partnership.
Choosing How to End a Marriage-Basics of Divorce or Separation
CA Paralegal Service
Fresno County LDA No.: X201210000012
1990 Shaw Ave., Ste A
Clovis, CA 93611
(559) 323-9400
3
www.ParalegalGroup.net
• One of the people got married or registered a domestic partnership as a result of force or fraud or while physically or
mentally incapacitated.
• Either side was already legally married or in a registered domestic partnership. This is different from bigamy (which
is automatically illegal) because in this case, the marriage or domestic partnership took place after the former spouse or
domestic partner was absent for 5 years and not known to be living or generally thought to be dead.
To get an annulment, you must be able to prove to the judge that 1 of these reasons is true in your case. This makes an
annulment case very different from a divorce or a legal separation. "Irreconcilable differences" are not a reason for
getting an annulment.
Keep in mind that getting an annulment does not depend on how long you have been married. Even if you have been
married only a very short time, you may not be able to prove to the judge that your case has 1 of the legal reasons that
makes your marriage invalid.
Annulments are very rare. If you ask to have your marriage or domestic partnership annulled, you will have to go to
hearing with a judge.
Registered Domestic Partnership
After you decide how you want to end your marriage or domestic partnership, you need to plan your case ahead of time.
Think about how you are going to handle your case. Planning before you start and talking to a lawyer can save you time
and money as you go through the court process. And keep in mind that, normally, it does not matter who is the first to
file the divorce or separation case. The court does not give any preference to the first person to file or a disadvantage to
the person who responds to the case.
If you want to end a registered domestic partnership, domestic partners must also file for dissolution (divorce), legal
separation, or annulment to end their relationship. There is a limited exception where domestic partners can end their
relationship in a summary process through the Secretary of State if they have been registered for less than five years
and they have no children, no real property, very few assets or debts, and a written agreement on dividing their
property, in addition to other restrictions. Click to learn more about this shorter process to see if you are eligible to end
your domestic partnership that way.
Federal law does not recognize domestic partnerships for most purposes, such as Medicare, immigration law, veterans'
benefits, and federal tax laws. Domestic partners may be recognized for some federal purposes, such as Social Security.
In addition, domestic partners may not have the same rights if they leave California because other states may not
recognize domestic partnerships. Talk to a lawyer if you are ending a domestic partnership and any of these issues may
apply to you. You may also want to talk to an accountant who is knowledgeable about these issues. Click for help
finding a lawyer.
The family law facilitator or self-help center in your court may be able to help you with the divorce or legal separation
process and help you understand what your options are, decide what you want to do, and get started with your
paperwork. You can also talk to a lawyer to get legal advice.
Choosing How to End a Marriage-Basics of Divorce or Separation
CA Paralegal Service
Fresno County LDA No.: X201210000012
1990 Shaw Ave., Ste A
Clovis, CA 93611
(559) 323-9400
4
www.ParalegalGroup.net
Acknowledgement
I have read the above information published by the CA Court on their website at www.courts.ca.gov. CA Paralegal
Services, Janet Eidson, LDA has referred me to the self-help section of the court's website to answer any and all of my
questions regarding ending my marriage.
CA Paralegal Services, Janet Eidson has not in any way helped me pick the method by which I have chosen to end my
marriage.
After reading the above court published information I have come to the decision that: (check one)
_____ Divorce
_____Legal Separation
_____ Annulment
_____ Summary Dissolution
is how I will proceed. I have requested that CA Paralegal Services, Janet Eidson prepare all of the forms for me and
have provided the information to CA Paralegal Services to be used in preparation of the forms I have chosen.
Dated:__________________
______________________________________________________________________________
Name (First)
(Middle Int.)
(Last)
______________________________________________________________________________
Spouse Name (First)
(Middle Int.)
(Last)
______________________________________________________________________________
Your Phone Number
______________________________________________________________________________
Your Address
Choosing How to End a Marriage-Basics of Divorce or Separation
CA Paralegal Service
Fresno County LDA No.: X201210000012
1990 Shaw Ave., Ste A
Clovis, CA 93611
(559) 323-9400
5
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www.ParalegalGroup.net