![]() ![]() Under California law, some people can use a relatively easy process called Summary Dissolution to end their marriage. It is not based on the length of the marriage.įor more information, please contact one of the Self-Help Centers. This option is often referred to as an "annulment." The court calls this way of ending the relationship a "nullity of marriage" or "nullity of registered domestic partnership", and it may apply in extreme situations such as an incestuous or bigamous relationship. Grounds for a NullityĪlthough this is usually more difficult to prove, some people want the court to end their marriage or registered domestic partnership by saying that it was not legal from the beginning. Non-participation will just lead to a "default" judgment, not to a dismissal of the divorce request. The spouse who does not want to get a divorce cannot stop the process by refusing to participate in the case. (See California Family Code Section 2334(c) ) It is not necessary for the other spouse to agree. In California, either spouse can decide to end their marriage. 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. There is no "guilty" or "non-guilty" person, from the court’s point of view. Normally, people just give "irreconcilable differences" as their reason for wanting a divorce. (See California Family Code Section 2310 AND California Family Code Section 2335 ) The only two grounds for divorce in California are: There is no need to prove "fault" of one or the other spouse or partner. The State of California assumes that people who get married or register a domestic partnership are reasonable, mature adults, and that people who want to get "unmarried" or end a domestic partnership are reasonable, mature adults. There are "no fault" requirements to get a divorce in California. ![]() There are no residency requirements to start a Legal Separation. Interstate and international law are not covered on this website. If someone’s spouse or partner lives in another state or country with any children from the relationship who are 18 years old or younger, they should consider discussing their situation with an attorney before they file any papers with the court. If someone wants to start their divorce in one county in California but does not meet residence requirements yet, he or she can file for a legal separation first, and then amend their petition to ask for divorce after they meet the residence requirements. (See California Family Code Section 2320 )
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