Dissolution of Marriage/Domestic Partnership
What is it?
This petition (also known as Divorce) ends your marriage or domestic partnership. Once your dissolution of marriage is finalized, you go back to single status and you are able to remarry.
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, the spouse or domestic partner has to state that the couple cannot get along. Legally, this is called "irreconcilable differences." Through your divorce you can address the following issues:- Child custody and visitation
- Child support
- Spousal or partner support
- The division of property and debts
- Attorney’s fees
The divorce process will take at least 6 months, starting from the date the Petitioner has the other party served with the Summons and Petition. This is a mandatory waiting period required by California law. There are many forms to fill out during the divorce process, and it can become complicated. You can contact the Self-Help Center for assistance with this process, or you can visit the California Court’s Self-Help Center website.
What are the requirements?
In California you MUST meet the residency requirements.
- Either you or your spouse must have lived in California for the last 6 months and the last 3 months in the county where you plan on filing for the divorce
- 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
Summary Dissolution
What is it?
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).
What are the requirements?
Both parties agree and are willing to fill out this paperwork together and meet the following:
- Married & together less than 5 years (count marriage date to separation date)
- No children of this marriage
- You don’t own too much (nor owe too much)
- No land or buildings
- Value of property (minus cars) is $40,000 for community property
- Each person has no more than $40,000 for separate property (minus cars)
- Total of debts is less than $6000 (minus cars)
- Neither party wants to get spousal support (alimony)
- Agree about how to divide up any property or debts
- At least one has lived in California for 6 months and in County of San Bernardino for 3 months (exception for same sex couples who were married in California but can’t get a divorce in their home state)
Within six months, either party could file the Notice of Revocation of Petition for Summary Dissolution. That filing will vacate the judgment. If one of the spouses then wishes to be divorced, that person will need to file the regular divorce paperwork. You can contact the Self-Help Center for assistance with this process, or you can visit the California Court’s Self-Help Center website.
Annulment (or Nullity)
What is it?
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.
To get an annulment, you must be able to prove to the judge that one of below reasons is true in your case. This makes an annulment case very different from a divorce or a legal separation. Unlike a divorce, “irreconcilable differences” is not a reason for getting an annulment. The nullity process can become complicated. You can contact the Self-Help Center for assistance with this process, or you can visit the California Court’s Self-Help Center website for more information.
Below are the reasons for an annulment. Each reason has important details you have to prove to get a court to give you an annulment:
A marriage and domestic partnership is NEVER legally valid (void) when it is:- Incestuous: This is when the people who are married or in a registered domestic partnership are close blood relatives
- Bigamous: This is when a spouse or domestic partner is already married to or in a registered domestic partnership with someone else
- Age at the time of marriage or domestic partnership: The party filing for the annulment was under 18-years-old at the time of the marriage or domestic partnership, unless the party filing freely cohabitated with the other as his or her spouse after attaining the age of consent
- Prior existing marriage or domestic partnership: Either party was already legally married or in a registered domestic partnership, and 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
- Unsound mind: Either party was of “unsound mind” or unable to understand the nature of the marriage or domestic partnership, unless the party of unsound mind, after coming to reason, freely lived with the other as his or her spouse
- Fraud: Either party got married or registered the domestic partnership as a result of fraud, unless the party whose consent was obtained by fraud, with full knowledge of the facts constituting the fraud, freely lived with the other as his or her spouse
- Force: Either party consented to getting married or filing a domestic partnership as a result of force
- Physical incapacity: Either party was, at the time of marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable
Legal Separation
What is it?
If you cannot (or do not want to) get a divorce, you can ask the judge for a 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.
Like a divorce, you can address the following issues:- Child custody and visitation
- Child support
- Spousal or partner support
- The division of property and debts
- Attorney’s fees
To get a legal separation, you follow the same basic process used for a divorce. There are many forms to fill out during the legal separation process, and it can become complicated. You can contact the Self-Help Center for assistance with this process, or you can visit the California Court’s Self-Help Center website.
What are the requirements?
- 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)