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There are 3 main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and 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 an attorney 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.
Dissolution of marriage (divorce) ends a marriage or domestic partnership. It restores the parties to single status. During this process, the Court can issue orders about:
Spousal and Domestic Partner Support
Community and Separate Property
Community and Separate Debt
Summary Dissolution of Marriage
What is Summary Dissolution of Marriage?
Summary dissolution of marriage can be used to end a marriage without a court appearance. It can only be used by a married couple that meets ALL the following requirements:
The parties have been married less than five (5) years as of the date of separation.
Have no children together that were born or adopted before or during the marriage and wife, to her knowledge, is not pregnant as of the date the action is filed.
Neither party has any interest/ownership in real estate.
Do not owe more than $6,000 total for debts acquired since the date of the marriage. The $6000 amount does not include vehicle loans.
What is Nullity of Marriage (Annulment)?
Nullity of marriage (annulment) restores people to the status of unmarried persons. Certain conditions must be met before the Court can void the marriage. The person who initiated the case will have to prove that a least one of the conditions has been met before the Court will grant the nullity of marriage. The Court can also issue orders regarding property and debt division, custody and support.
Offering: Legal Document Services & Legal Document Assistance for Civil Harassment Restraining Order, Divorce, Separation, Minor Guardianship, Evictions, Business Services. Serving California (CA) area of: Encino, Los Angeles. Tarzana, San Fernando Valley, Granada Hills, Van Nuys & surrounding areas.