Divorce, Separation, & Annulment
Ending a Marriage or Domestic Partnership
In California, there are three main ways to end a marriage or domestic partnership:
• Divorce
• Legal Separation
• Annulment
Divorce
A divorce (also called "dissolution of marriage" or "dissolution of domestic partnership") is a legal proceeding that ends your marriage and/or domestic partnership. After a divorce, you are single and can remarry or be in a domestic partnership again. You can ask the court to make orders on the following once you file your case:
- Custody and Visitation
- Child Support
- Spousal/Partner Support
- Property Division
- Domestic Violence Restraining Order
- Attorney's Fees
Legal Separation
A legal separation does not end your marriage and/or domestic partnership. You cannot remarry or enter into a domestic partnership with someone else at the end of a legal separation. However, you can still ask the court to make the same orders as in a divorce. You do not need to meet California's residency requirement to file for a legal separation. If you file for a legal separation, you may later be able to file an amended petition to ask the Court for a divorce after you meet the residency requirements.
Annulment
An annulment (or “nullity of marriage” and/or “nullity of domestic partnership”) is when a court says your marriage and/or domestic partnership is not legally valid. It is difficult to prove and rarely granted. A marriage and/or domestic partnership that is incestuous or bigamous is never valid and therefore void. Other marriages and/or domestic partnerships are voidable based on:
- Petitioner’s age at the time of marriage and/or domestic partnership
- Prior existing marriage and/or domestic partnership
- Unsound mind
- Fraud
- Force
- Physical incapacity
A filing fee will be charged to file a Petition for Dissolution of Marriage/Domestic Partnership/Legal Separation/Nullity. To find the current fee, please see our fee schedule. If you cannot afford the filing fee, you may complete an Application for Waiver of Fees.
Common Pitfalls When Filing Dissolution of Marriage/Domestic Partnership; Legal Separation Actions
ACCESS Center can help you with your paperwork so that your divorce will get processed without unnecessary delay.
Did you know that marking the wrong box, entering the wrong date, leaving a section blank, or forgetting to enter property information could delay your divorce judgment . Some common mistakes that will delay finalizing your case include:
- Names on Summons and Petition do not match and/or are incorrect spelling
- Parties qualify for a joint summary dissolution but file a “regular” dissolution action
- DOM (Date of Marriage) and/or DOS (Date of Separation) are left blank
- DOM only states month and year and/or the date of marriage is incorrect
- Missing or incorrect calculation for the duration of the marriage
- Community Property is left blank or unmarked with no agreement between the parties, and missing Property
Declaration - Spousal Support section is left blank
- Spousal Support for a long-term marriage terminates SS for spouse/partner
- Spousal Support is only marked for one party
- Spousal Support is incorrectly marked as Other box with no Spousal Support requested
- Spousal Support is incorrectly marked as Other box instead of request for termination
Frequently Asked Questions
- Things to Consider Before Filing your Case
- Summary Dissolution
- How to Start a Divorce
- How to Respond to a Divorce
- Financial Disclosures
- Finalizing My Case
- Common Pitfalls to Avoid