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.

Immediate orders:

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:

  1. Remove a child of the parties from the State without prior written permission of the other spouse or by order of the court.
  2. Transfer, sell or encumber (borrow against) any property except in the usual course of business or for necessities.
  3. Cancel, transfer or borrow against any insurance (including life, health, auto, disability) held for the benefit of the other spouse or a minor child.
  4. 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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