|
Introduction
to Divorce, Legal Separation & Annulment
What's the difference
between a divorce, a legal separation, and an annulment?
A divorce (also called "dissolution of marriage") ends your marriage.
After you get divorced, you will be single, and you can marry again.
If you get divorced, you can
ask the judge for orders like child support, spousal support, custody and
visitation, domestic violence restraining orders, division of property, and
other orders.
A legal separation does
not end a marriage. You can't marry someone else if you are legally separated (and
not divorced). A legal separation is for couples that do not want to get
divorced but want to live apart and decide on money, property, and parenting
issues. Couples sometimes prefer separation for religious reasons.
In a legal separation case, you
can ask the judge for orders like child support, spousal support, custody and
visitation, domestic violence restraining orders, or any other orders you can
get with a divorce case.
An annulment (or "nullity
of marriage") is when a court says your marriage is NOT legally valid. A
marriage that is incestuous or bigamous is never valid. Other marriages can be
declared "void" because:
- Of force, fraud, or physical
or mental incapacity;
- one of the spouses was too
young to legally marry; or
- one of the spouses was
already married.
Annulments are very rare. If
you ask to have your marriage annulled, you will have to go to hearing with a
judge.
Source:
California Courts Web Site |
