Divorce v. Legal Separation v. Annulment

If you and your spouse no longer wish to be married, there are three ways you can terminate the marriage.

Divorce:  Divorce is the dissolution of marriage.  During a divorce, a couple will need to resolve a number of important issues, in particular property division, child custody and visitation, child support, and spousal support.  However, it is important to mention that California has residency requirements that a couple must meet in order to file for divorce.  These requirements mandate that at least one of the spouses must have been a California resident for at least 6 months, and they must have resided in the county in which they are filing for divorce for at least three months.  Aside from the residency requirement, couples in California do not need to establish fault, as California is a "no fault" state.

Legal Separation:  Legal separation is a good option for married couples who aren't getting along and are considering filing for divorce, but may not feel ready to take such a permanent step.  Couples who file for a legal separation will remain legally married, but agree to live separately for a while.  While some couples live separately and then decide to proceed forward with divorce or move back in and resume married life, other couples remain separated indefinitely.  And like a divorce, the couple will need to reach agreements in regards to child custody and visitation, child support, alimony, and property distribution.

Annulment:  After a couple is granted an annulment, it will be as if their marriage never existed. This is quite different from a divorce.  After a divorce, a couple's marriage will still be kept in the court files, the couple will just no longer be married.  It should be mentioned that not everyone will qualify for an annulment.  To qualify for an annulment, a couple must meet at least one of the following criteria:

• The marriage was based on fraud
• One of the spouses was a minor when the marriage took place
• One of the spouses is/was already married
• One of the spouses is physically incapacitated
• The marriage was forced

If you are interested in learning more about filing for divorce, separation, or annulment, please do not hesitate to contact the Law Offices of Michael R. Young.  As an experienced Riverside divorce lawyer, I have extensive experience in all three of these areas of family law, and can provide you with the skilled and dedicated representation you will need during this time.