Thousands of people get married each year in California. As happy as most may be, a good number of marriages also come to an end. When a marriage ends, it typically falls into one of three categories: divorce, legal separation, or annulment. Below is a brief summary of each category.
Divorce, also known as dissolution, is a lengthy and complicated process. When a couple ends their marriage through divorce, it allows them to be eligible to:
- Get married again
- Divide their property
- Engage in some sort of custody agreement for their children
In California, you don’t need to have a specific reason to file for dissolution of your marriage. Some states distinguish between no-fault and fault-based divorces. A fault-based divorce can result in a favorable settlement for the party who was wronged.
However, California makes the process much simpler. You can file for divorce by simply stating you have irreconcilable differences. This covers any and all possible reasons for seeking dissolution of your marriage.
When you legally separate from your spouse, it does not technically end your marriage. You will remain legally married, but will live separately. Legal separation is generally the option for couples whose faith prohibit divorce or couples who can’t afford a divorce. Major issues, such as child custody and division of assets may involve the legal system. Either spouse may file for a divorce at any point.
An annulment is the technical term for declaration that your marriage is invalid. The two individuals will typically seek an annulment if they believe their marriage should not have been legal in the first place. An annulment is commonly asked for in situations where:
The law forbids family members from getting married
One party is forced to get married
One or both spouses were still married to another person at the time of the marriage
One spouse agrees to get married based on misrepresentation or lies
One or both of the individuals were a minor at the time they got married without having parental consent to marry
One of both of the spouses was mentally incapacitated at the time of marriage
Call an Experienced Central Valley Divorce Attorney
If you are going through a divorce or are planning to file for divorce in the near future, you need to hire an experienced divorce attorney to help protect your legal rights and make sure this already traumatic experience proceeds as smoothly and painlessly as possible.
For more information or to schedule a complimentary consultation with Central Valley divorce attorney Gurjit Srai, please call us at (209) 323-5558 or (559) 449-1447, or complete our online form.