Family Law Blog

Ways to Dissolve a Marriage in California

Thursday, June 07, 2018

Getting a divorce can be very emotional and stressful for the parties involved. However, understanding the legal requirements can help you put things into perspective. There are two ways to dissolve a marriage in California and both have very different requirements.

The first way to dissolve a marriage is by filing for Divorce. Each state has its own statutes for divorce.  Some states have fault-based grounds for divorce such as adultery, desertion or cruelty. However, California has is a non-fault based state. This means that you must state that there are irreconcilable differences.  

Another ground for Divorce in California is incurable insanity. You must prove that at the time of filing the petition your spouse has a permanent legal incapacity to make decisions. The court requires testimony from medical doctor or psychiatrist.  

Before the court will enter a judgment for divorce either you or your spouse must have resided in California for 6 months and 3 months in the county where the case is filed. 

The second way to dissolve a marriage is by filing a petition for an annulment. The California statute sets out several conditions that could nullify a marriage. A marriage may be voidable if you can prove incapacity, inability to consent, bigamy, fraud, consent obtained by force, incest, or either party or both were of unsound mind. The court can also award you attorney's fees if it finds that you are the innocent party.  

Divorce and annulment cases can be very complex and difficult to handle on your own. You should enlist the help of a qualified attorney to help you. Jamra & Jamra is a law firm with skilled attorneys who can help you sort out the complexities of your divorce case. If you need help navigating the process for dissolving your marriage contact us today.