Divorce - Legal Separation - Annulment

Divorce versus Legal Separation versus Annulment

Marital Dissolution - Divorce

Since 1970, what was once referred to in California as "divorce" is now known as a "dissolution of marriage.  The purpose of any dissolution action is to terminate the marriage and resolve any remaining marital issues. In order to accomplish this, the spouse initiating the action (i.e., the Petitioner) needs to obtain a "Judgment of Dissolution of Marriage." This judgment restores the parties to single status and contains court orders that will resolve every issue in the case. Among the more common issues addressed in a judgment of dissolution are division of assets and debts, and spousal and child support.

How It Works
A "dissolution of marriage" action begins when the Petitioner files a "Petition for Dissolution of Marriage" at the Superior Court. After the Petitioner files, the Petitioner must then properly serve the Respondent (i.e., their spouse). Once the Respondent has been properly served, the judgment of dissolution can be obtained in one of three ways:

• The Respondent is properly served, but never "appears" (responds). Under this scenario the Petitioner can obtain a default judgment (otherwise known as a "True Default".)
• The Respondent is properly served, and the Petitioner and Respondent reach an agreement as to the unresolved marital issues. Under this scenario, the Petitioner can obtain a judgment by "stipulation" (mutual agreement) or by an "MSA" (Marital Settlement Agreement).

The Respondent is properly served, and the Respondent "appears," but the parties are unable to reach an agreement. Under this scenario a judgment can be obtained after trial on the unresolved issues. In other words, a family law judge decides after hearing of all the evidence presented.

What is the difference between a divorce and legal separation?

A divorce (also called "dissolution of marriage") ends your marriage. After you get divorced, you will be single, and you can marry again.

If you get divorced, you can ask the judge for orders like child support, spousal support, custody and visitation, domestic violence restraining orders and division of property.

Also, to get a divorce, you MUST meet California's residency requirement.

A legal separation on the other hand, does not end a marriage. You can't marry someone else if you are legally separated (and not divorced). A legal separation is for couples that do not want to get divorced but want to live apart and decide on money, property, and parenting issues. Couples sometimes prefer separation for religious reasons.

You do not need to meet California's residency requirement to file for a legal separation. If you file for a legal separation, you may later be able to file an amended 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, custody and visitation, domestic violence restraining orders, or any other orders you can get with a divorce case.

Annulment

An annulment (or "nullity of marriage") is when a court says your marriage is NOT legally valid. A marriage that is incestuous or bigamous is never valid. Other marriages can be declared "void" because:

·         Of force, fraud, or physical or mental incapacity;

·         One of the spouses was too young to legally marry; or

·         One of the spouses was already married.

Annulments are rare. If you ask to have your marriage annulled, you will have to go to a hearing with a judge, and will want to be represented by a qualified and experienced attorney.