Terminate a Marriage – Divorce, Annulment, Legal Separation Sandy McCarthy 2016-09-10T00:12:08+00:00
Terminate a Marriage in California
There are several ways to terminate a marriage in California:
–Dissolution or Divorce: The marriage will cease at the conclusion of the proceeding. –Annulment or Nullity: Declares that the marriage never existed. –Legal Separation: Resolves all the issues of the marriage, but the parties remain legally married and can retain benefits only available to married persons, such as remaining on each other’s medical insurance.
California is a no-fault state. This means that there are no “grounds” the court requires to terminate a marriage in California; one party does not receive any more property or support because their spouse committed adultery, left the family home, or was otherwise considered a “bad” spouse. In California, grounds for terminating a marriage in California marriage are either 1) irreconcilable differences or 2) incurable insanity. Almost all divorces in California are based on the grounds of “irreconcilable differences.” One party cannot “stop” terminating a marriage in California merely because one party does not want to terminate the marriage. If one spouse says there are irreconcilable differences and the other spouse disagrees, a divorce will still be granted.
In the case of domestic partnerships, depending on whether the parties were married or merely filed for a domestic partnership under State law will determine which process will be utilized to terminate the relationship under State Law.
All of the above methods provide for the resolution of the division of property, debts, spousal and child support, child custody and visitation.
For more specific information on a variety of California family law issues, click here.
Flow Chart and Timeline
Filing to terminate a marriage in California is a multi-step process. After filing the Summons and Petition with the Court, the non-filing spouse must be served. This starts the timeline within which the case can later be concluded and a final Judgment entered. View Flow Chart.
Learn how to change your name during or after your marriage has been terminated.
As a non-attorney legal document preparation service, our office can prepare all of the required documentation necessary for you to successfully file your legal proceedings. We also facilitate processing all paperwork with the court and schedule any necessary hearings. All of our services are offered on a low-cost, flat fee basis. There is no need to hire an attorney. We make it easy for you to represent yourself.
For more information on a specific topic of interest, visit the California family law news section of our website.
Short term Marriage/Domestic Partnership (no personal property, children or real property)
Marriage/Domestic Partnership with personal property (NO children, includes written Agreement)
Marriage/Domestic Partnership with children (Includes written Agreement)
Marriage/Domestic Partnership with real property (Includes written Agreement
Summary Dissolution (Please check qualifications for Summary Dissolution)
Termination of Domestic Partnership through Secretary of State (Please check qualifications for Secretary of State procedure)
Response to Dissolution
Motion or Contested Proceedings
Custody or Visitation Motion (RFO)
Custody, Visitation and/or Support Motion (RFO)
Emergency Custody or Visitation Motion (RFO)
Includes request for temporary orders.
Emergency Custody, Visitation, Support Motion
Includes request for temporary orders.
Custody, Visitation and Support Motion with Paternity Petition
Ex Parte to Terminate Child Support at 18
Motion for Bifurcation and Final Judgment documentation
Motion for Change of Venue
Restraining Order (no children)
Restraining Order (with children)
Stipulation and Order
Paternity petition with Stipulated Judgment
Pre or postnuptial Agreement (basic)
Nuptial Agreement with complex, custom clauses
QDRO with Joinder
Preliminary or Final Disclosure Package
Application to Serve by Publication
Guideline Support Calculations (3 report variations)
When a person files court proceedings to terminate a marriage in California, and specifically once a spouse has been served, automatic restraining orders come into effect. Both spouses are ordered by the Court not to:
Remove a child of the parties from the State without prior written permission of the other spouse or by order of the court.
Transfer, sell or encumber (borrow against) any property except in the usual course of business or for necessities.
Cancel, transfer or borrow against any insurance (including life, health, auto, disability) held for the benefit of the other spouse or a minor child.
During the court proceedings, both parties are required to exchange information regarding their property, debts, income and expenses. This exchange is completed through formal “disclosures” between the parties.
During the court proceedings, both parties are required to exchange information regarding their property, debts, income and expenses. This exchange is completed through formal “disclosures” between the parties and is required under Family Code 2100-2113.
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