Information on Divorce, Dissolution of Marriage, Legal Separation and Annulment in California
Going through a divorce is arguably one of the worst things you will ever go through in your life. Emotionally, going through a divorce is analogous to going through a death in the family. The proper term for a divorce in the state of California is “dissolution of marriage.”
The difference between a divorce and a legal separation is that in a divorce, formal documentation of dissolution of marriage has been filed with the court to end the marriage, while a legal separation can occur by filing papers for legal separation with the court, or by a party to a marriage who decides to separate with the intent to permanently end the marriage. It should be noted that a legal separation can occur even if the parties still live together.
The difference between a divorce and an annulment is that in the case of an annulment, the marriage is void, voidable, or not legal from its inception. In most cases it is much more difficult to obtain an annulment than a divorce.
A divorce is the legal termination of a marriage by court order. A divorce is not final in California until an order is entered by a court of competent jurisdiction stating that the marriage has ended.
In California, there are two types of dissolution of marriage proceedings available; (1) Summary Dissolution of Marriage, and (2) Standard Dissolution of Marriage. Most marriages will not qualify for the summary dissolution of marriage procedure that is available in California.
Marriages can be contested, uncontested, or by default when one party cannot be located or refuses to participate in the proceeding.
California is one of the so-called “no-fault” divorce states. The most common reason for filing for divorce in the state of California is irreconcilable differences. A party may also file for divorce due to death or insanity.
The most common issues involved in a divorce case in the state of California are: dissolution of marriage, child custody, child visitation, child support, alimony which is actually known as spousal support in California, child support family, community property division, separate property determination, the division and/or allocation of community businesses, and the division and/or allocation of retirement plans.
Due to the complex nature of family law litigation in the state of California, we recommend hiring an attorney to represent you. Our law firm can represent you in your divorce proceedings and all matters related to it. Our law firm can also provide you with limited representation regarding certain matters related to your family law case. We can even do the document preparation for you if you choose not to hire an attorney. You can call us now for a free consultation at 818-739-1544 extension 10.
By Norman Gregory Fernandez, Esq. © 2006
