The three ways to end your marriage in California are divorce, legal separation and annulment. Within these categories are additional types of cases, such as contested vs. uncontested divorces. Every case is unique and deserves individual attention from an attorney. Hiring a lawyer to take care of your divorce could help you understand the rules and requirements that go along with your specific type of case.
A contested divorce is one in which both spouses do not mutually agree on the terms of the split. One spouse wishes to contest the other’s terms, such as the rules of property division or child custody. A contested divorce can turn messy, requiring a drawn-out court process to resolve. It is typically best if the couple can avoid a contested divorce by working through their issues with help from a lawyer or mediator.
An uncontested divorce typically does not have to proceed to trial. It means both spouses are on the same page when it comes to the terms of the split, with no need for a judge’s intervention. An uncontested divorce can typically end during pre-trial negotiations. Both spouses will agree on the terms, sign off on the divorce and receive a decree from the judge confirming the dissolution.
An annulment reverses the marriage as if it never happened. You are not divorced after an annulment; it will be as if you were never married. You may only qualify for annulment if something invalidates the marriage or domestic partnership, such as incest, bigamy, one spouse under the age of 18, fraud, force, physical or mental incapacitation, or one spouse was already married.
Dissolution of domestic partnerships. The dissolution of a domestic partnership may look the same as a typical divorce unless the couple qualifies for summary dissolution. Summary dissolution is a faster and easier method to validate a split. It does not involve the couple having to go to court or hire lawyers. Instead, they must fill out paperwork and submit it to the Secretary of State.
Legal separations. A legal separation is not a divorce, but the couple will no longer live together. One spouse may qualify for spousal maintenance, child custody and/or child support after legal separation, but the couple will lawfully still be married. This might be the right solution if the couple may reconcile in the future, or if they wish to retain some of the benefits of marriage (such as insurance coverage).
You may need a lawyer’s help determining which type of split is right for you and your spouse or domestic partner. Your circumstances and goals can decide the right route for you. Once you know which route to take, your lawyer can assist you with the paperwork and red tape that will go along with your choice. If your divorce case involves complex factors such as children, spousal maintenance, high-value assets, a business partnership or contested terms, hire an attorney for assistance. A lawyer can work through these issues on your behalf. No matter which type of divorce you need, a lawyer can help you sort through complicated matters while you look toward the future.