Divorce / Legal Separation / Annulment

A divorce in legal terms is called a Dissolution of Marriage. For parties in a Domestic Partnership, this is Dissolution of a Domestic Partnership. The Dissolution ends all legal bonds. There are residency requirements to get divorced in California. This means you have to have lived in California for the past 6 months. To file in Yolo County, one party must have lived in Yolo County for the three months immediately preceding the filing of the Petition.

Both persons do not have to agree to the divorce. One partner can’t force the other to stay in the relationship. Either spouse can decide to end the marriage. The spouse who does not want to get a divorce cannot stop the process by refusing to participate in the case. Non participation may lead to a default judgment, not to a dismissal of the divorce request.

There is a no fault divorce law in California. There is no need to prove “fault” of one or the other spouse or partner in the deterioration of marriage or partnership from the court’s point of view. The grounds for divorce in California are that there are irreconcilable differences or incurable insanity.

It takes at least six months for the divorce to become final. The six months is counted from the date that the partner who started the divorce had the other served with the Petition and the Summons OR when the responding partner filed their first paper, whichever occurs first. There is a process to follow to finish the dissolution/divorce after the first papers are filed. Several other documents still need to be submitted to the court. A divorce is not final until a Judgment of Dissolution is signed by the judge. One of the parties has to prepare the judgment form with the appropriate attachments and submit it for signature.

Either party may ask the judge to order child support, spousal or partner support (alimony), child custody and visitation, division of property, domestic violence restraining orders and other orders on related issues unless there is a default. If there is a default because the other party did not respond to the Petition, they are essentially waiving their right to have a say in the divorce settlement.

Couples married for less than 5 years, that do not have children, do not owe or own much and agree on how they will divide their belongings can use a shortened process to handle their divorce called a Summary Dissolution. This process is not available for dissolution of domestic partnerships.

Couples who do not qualify to use the current Summary Dissolution process can file a Joint Petition and a Joint Summons to ask the court for a dissolution of marriage or domestic partnership or for a legal separation through a process called Joint Petition. For those filing a Joint Petition, you are eligible if you and your partner are married or registered domestic partners; and want to divorce, dissolve your domestic partnership, or legally separate; and both agree, or plan to agree, on all issues in your case. You cannot use these forms if you disagree on any legal issues.

There are a few primary differences.

Dissolution of Marriage: One spouse will start the case; the other spouse may not be in agreement to the proceeding itself or the matters within a divorce. To begin the case, one spouse is responsible for their filing fee of $435. If the other spouse would like to respond, a separate filing fee of $435 will arise. 

Joint Petition for Dissolution of Marriage: A collaborative approach where both spouses agree on all terms of the divorce, such as property division, child custody, and financial matters. There are two filing fees, each in the amount of $435, totally for starting this case is $870.

A Legal Separation does NOT legally end the marriage or domestic partnership. You will remain married at the end of the proceeding. Allows for persons to live apart and make their own decisions about money, property, and parenting issues. Sometimes people choose this option for religious reasons or due to insurance or other benefits. Persons are not free to re marry, but they may ask the court for orders such as for division of debts, property, custody, and support. There is NO residency requirement to file for legal separation in California.

A Dissolution of Marriage (Divorce) legally ends the marriage or domestic partnership. At the end of the proceeding, you will be single. Orders such as for division of debts, property, custody, and support will be included within your judgment. You may remarry once you receive a judgment finalizing your Dissolution of Marriage. 

1. Fraud: Obtaining consent through deception. 

2. Duress: Coercion or forced to marry.

3. Unsound Mind: One spouse was unable to understand the nature of the marriage dur to mental incapacity. 

4. Incest: Marriage between closely related individuals.

5. Bigamy: One spouse was already married at the time of the marriage.

6. Underage Marriage: One or both spouses were below the legal age to marry. 

7. Physical Incapacity: Either party was, at the time of marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable.

8. Involuntary Marriage: One spouse was not aware of the marriage's permanence or the nature of the relationship at the time of consent. 

Yes. You may contact our office if you believe an Annulment of Marriage is the most appropriate case type for your situation. 

Both persons do not have to agree to the divorce. One partner can't force the other to stay in the relationship. Either party can decide to end the marriage. The partner who does not want to be divorced, cannot stop the proceeding by refusing to participate. 

California is a no-fault state. There is no need to prove "fault" of one or the other spouse in the deterioration of the marriage or partnership. The grounds for divorce in California are a) irreconcilable differences and b) legal incapacity. 

If a Domestic Partnership has not been registered with the State of California, you cannot file for a Dissolution of Domestic Partnership with the Court. Also, at least one of the parties has to have lived in California for the past 6 months and Yolo County for the three months immediately preceding the filing of the Petition.

It takes at least six months for the divorce to become final. The six months is counted from the date that the partner who started the divorce had the other served with the Petition for Dissolution and the Summons OR when the other spouse responded (filed their first paper), whichever is earlier. A divorce is not final until a Judgment of Dissolution is signed by the judge. There are several forms to be completed and additional steps to be taken before a Judge will consider a Judgment.