What is the difference between a divorce and a legal separation?
What is the difference between a separation and a legal separation?
What is the date of separation?
What are the grounds for a divorce in California?
What are the grounds for a legal separation in California?
What are the requirements for a divorce in California?
What are the requirements for a legal separation in California?
How can I get a divorce in California?
What is an annulment? What is a nullity?
What are the grounds for an annulment in California?

What is the difference between a divorce and a legal separation?
In California, a judgment of divorce ends your marriage and gives you the right to remarry whereas when you get a judgment of legal separation, you stay legally married and cannot get married to someone else.

What is the difference between a separation and a legal separation?
You are only legally separated if you go to court and get a judgment of legal separation. On the other hand, when people say they are separated, they usually mean that they are no longer living together.

What is the date of separation?
The date of separation is usually the day when you decided to separate. To determine the exact dates, courts use an objective and a subjective test.

• Objective Test: When did you start living apart from each other?
• Subjective Test: When did you intent to end your marriage?

To learn more about the date of separation, read about it here.

What are the grounds for a divorce in California?
California law requires that you and your spouse have irreconcilable differences in your marriage. This usually means that you have substantial marital problems and that there is no hope of saving your marriage. California is a “no fault” state; you do not have to prove wrongdoing by your spouse to get divorced.

A second ground recognized in California is incurable insanity. However, it is rarely used and difficult to prove.

What are the grounds for a legal separation in California?
The grounds for a legal separation are the same as for a divorce in California.

What are the requirements for a divorce in California?
To get a divorce in California, you or your spouse must have been a resident of California for the last six months and a resident of the county in which you are requesting the divorce for at least three months.

What are the requirements for a legal separation in California?
There is no residency requirement for a legal separation in California. However, to get a judgment of legal separation, both parties must consent to it.

How can I get a divorce in California?
In California, you have different options to get a divorce: (1) you can go to court and represent yourself; (2) you can hire an attorney to represent you in court; (3) you can use the collaborative approach; or (4) you can go to divorce mediation. If you want to find out more about each of these options, read my article series “Getting a Divorce in California.”

What is an annulment? What is a nullity?
An annulment of marriage in California is a decree by the court erasing your marriage as if it never happened. Nullity is just another word for annulment and means exactly the same.

What are the grounds for an annulment in California?
To get an annulment in California, your marriage must be void or voidable.

Grounds for a void marriage:

1. Incest at the time of marriage or
2. Bigamy at the time of marriage.

Grounds for a voidable marriage:

1. Bigamy at the time of marriage,
2. Minority at the time of marriage,
3. Unsound mind at the time of marriage,
4. Consent to the marriage was obtained by fraud,
5. Consent to the marriage was obtained by force, or
6. Physical incapacity.

To find out more about each ground, read this article.

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Note: The information provided above is not legal advice. It only addresses general matters and should not be relied on by readers or considered legal advice. Only California law is addressed. Contact a lawyer in your state to discuss the specifics of your case and the applicable law.