Separation

There are three options for ending a marriage or a registered domestic partnership in California: divorce, legal separation, and annulment.

Divorce

A divorce (also called “dissolution of marriage” or “dissolution of domestic partnership”) ends your marriage or domestic partnership (or both if you are both married and in a domestic partnership with your spouse). After you get divorced, you will be single, and you can marry or become a domestic partner again.

You can get a divorce if you say you have “irreconcilable differences” with your spouse or domestic partner. You do not have to give the court any other reason or prove anything. There is no “guilty” or “non-guilty” person, from the court’s point of view. That is why California is called a “no-fault” divorce state.

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.

When you start a divorce case, you can ask the judge to make orders about:

• Custody and visitation;

• Child support;

• Spousal or partner support;

• The division of your property; and

• Who will be responsible for paying debts.

If lawyers are involved, you may be able to get orders about who will pay their fees. You can also ask the judge to make other orders about things like domestic violence.

The divorce process will take at least 6 months from the date the person filing for divorce officially lets his or her spouse or domestic partner know about the divorce. The case can take longer. BUT it cannot be faster than the 6 months. This is a mandatory waiting period required by California law and no couple can be divorced faster than 6 months. You will be able to get all your paperwork turned in to the court and your divorce judgment approved, but the divorce itself will not be final until at least 6 months after starting the case.

Legal Separation

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.

A couple may decide they want to file for legal separation instead of divorce because:

• They do not want to get a divorce but want to live apart and get orders from the court about money, property, and parenting issues.

• They do not want to get a divorce for religious reasons.

• They do not want to get a divorce because of their personal beliefs.

• They do not meet the required residency requirements to file for divorce in California, and they cannot or do not want to wait to get the process of separating started.

• They do not want to divorce because of financial reasons (like, to keep 1 spouse or partner on the other’s health insurance plan or to keep certain benefits that require a couple to remain married).

Similar to a divorce, when you get a legal separation, you can ask the judge to make orders about:

• Custody and visitation;

• Child support;

• Spousal or partner support;

• The division of your property; and

• Who will be responsible for paying debts.

If lawyers are involved, you may be able to get orders about who will pay their fees. You can also ask the judge to make other orders about things like domestic violence. Learn more about domestic violence and staying safe.

To get a legal separation, you follow the same basic process used for a divorce.

There is a quick, easy way to get divorced called “summary dissolution”, which is rather a shorter method. You will not have to go to court and you may not need to hire a lawyer. But remember: it is in your best interest to see a lawyer about ending your domestic partnership.

Not everyone can get a summary dissolution. Most people have to get a regular divorce.

Remember, with domestic partnerships registered in California, you do not need to meet any residency requirements, so you can file your summary dissolution in California even if neither one of you still lives in California.

Keep in mind that a summary dissolution is a divorce, NOT a legal separation.

 

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