Divorce is not a one-size-fits-all process. To address a diverse array of needs, there are several types of divorce in California. In fact, there are four types of divorce in this state, and they are annulment, legal separation, summary dissolution, and traditional divorce.
Our knowledgeable divorce attorneys at Pakpour Banks LLP can guide you through each type of divorce available to you and what might be best in light of your unique circumstances. Our counsel is award-winning, and we strive to give the best to each client who calls on our name.
Traditional Divorce
A couple can seek a traditional divorce if they can prove one of the following:
- Irreconcilable differences caused the irremediable breakdown of their marriage, or
- One spouse has a permanent legal incapacity to make decisions.
Basically, you can obtain a divorce in California only on no-fault grounds.
The Divorce Decree
When a couple gets divorced, the court must make decisions about the following:
- How to divide the couple’s community property,
- What child custody rights and responsibilities each spouse will have,
- How much child support either spouse will have to pay,
- Whether either spouse will receive alimony, and
- Whether one party should be responsible for the attorney’s fees of the other.
To kick off this process, a spouse must establish that they meet the residence requirements to file for divorce in California, and they must file the proper paperwork with the court. California residence rules prevent you from filing for divorce unless you or your spouse has lived in the state for six months or longer and in the county where you file for three months or longer.
Filing for Divorce
To file for divorce in California, you must complete a divorce petition and file it with the court.
After you file your divorce petition, you need to have it personally served on your spouse. Typically, personal service means having someone who is 18 or older and not a party in your divorce case personally deliver your divorce petition and a summons to your spouse. Your spouse normally has 30 days to file an answer to your petition, and then your case can start.
Trial
If you and your spouse cannot agree on every matter a divorce decree covers, you have to go to trial to have a judge hammer out the details of your decree. During this trial, you might have to present financial documents, medical records, education records, and other relevant evidence to prove your financial and parenting rights.
Once the court is satisfied with the evidence you present and it has been at least six months since you filed for divorce, the court can finalize your divorce.
Legal Separation
A legal separation works just like a divorce, except for one big exception: You cannot remarry after a legal separation is final. Also, you do not have to meet residency requirements to file for a legal separation.
The Separation Judgment
A judgment of legal separation includes all of the same orders that a judgment of divorce does; the court will still divide assets, make decisions about child custody and support, and determine whether either spouse will receive alimony. However, federal law does not recognize legal separation. Therefore, you are still legally married under federal law, and for tax purposes.
Why Choose Legal Separation over Divorce?
The reasons for legal separation are unique to each couple, but common reasons are:
- The couple does not want to fully divorce because of their religious beliefs,
- The couple wants to try living apart with divided assets to see how they fare before fully divorcing,
- The couple wants to separate their lives while they wait to meet the residency requirements for a divorce, and
- The spouses want to live separately but still have the option of receiving insurance or other types of benefits from each other.
If you are not eager to find a new partner or are unsure about getting a divorce, a legal separation can be a useful peek into divorced life.
Keep in mind, however, that once judgment is entered in your legal separation matter, you will have to file a new petition if you later decide to dissolve your marriage.
Starting a Legal Separation
You start a legal separation case the same way you start a divorce case. You must file a petition for legal separation with the court and have it personally served on your spouse.
If you and your spouse cannot agree on all terms of the separation, you must attend a trial and allow the court to make the final decision on matters of custody, support, and asset division.
Summary Dissolution
A summary dissolution is often a quicker and less contentious way to get a divorce. With this type of divorce, you and your spouse must agree on every aspect of how you will divide your property. However, you can only seek this type of divorce if the following circumstances apply:
- You want to end your marriage because of irreconcilable differences,
- You or your spouse has lived in California for at least six months and in the county where you file for at least three months,
- Your marriage lasted no longer than five years,
- Neither you nor your spouse have an ownership interest in real estate anywhere,
- The sum of all debts (joint and separate) of you and your spouse equals $4,000 or less,
- The value of your community property is worth less than $25,000,
- The value of each spouse’s separate property is no more than $25,000,
- You and your spouse agree to waive spousal support,
- You and your spouse have entered a written agreement regarding how to divide your property, and
- You and your spouse have made changes to property titles and financial documents to facilitate the division of your property.
When you file for summary dissolution, you and your spouse must file jointly. And with your petition for summary dissolution, you must include a judgment of dissolution form and your written agreement regarding property division.
Annulment or Nullity
An annulment is like saying your marriage never really happened. There are two kinds of annulment:
- An annulment of a void marriage, and
- An annulment of a voidable marriage.
Unlike the typical divorce, there are strict standards before you can have your marriage annulled.
Grounds for Annulling a Void Marriage
A marriage is void if it is between close relatives or if it includes an individual who is still married to another person.
Grounds for Annulling a Voidable Marriage
You have a voidable marriage if you can prove that one of the following circumstances apply:
- One spouse was of unsound mind at the time of marriage;
- One spouse was younger than 18 when they married;
- One spouse used fraud to obtain the other spouse’s consent for marriage;
- One spouse used force to obtain the other spouse’s consent for marriage;
- One spouse had another spouse they did not know was still alive for five years prior to their new marriage;
- One spouse was physically incapable of getting married, the spouse still has the incapacity, and the incapacity appears to be incurable.
Whichever type of annulment you seek, you must fulfill the same residency requirements that apply to a divorce, and you must have your annulment petition personally served on your spouse.
We Can Tailor Your Divorce Case to Your Goals
At Pakpour Banks LLP, we can use our decades of combined experience to help ensure that you receive everything you deserve in your divorce case.
We can let you know your options regarding the different kinds of divorce, and we can help you timely and properly file paperwork to get your dissolution case started. Contact us online or by phone to schedule an appointment.
Brian enters the family law profession with a refreshing approach to these proceedings: heal families; don’t destroy them. In some cases, this means the family is going to look different than it did before. In other cases, this means a new family is created where there was none before. Either way, individuals should leave family court knowing their voices were heard, and with healthy attitudes about themselves and those they love.