When relationships break down, one of the first questions people ask is: What are my options? California has three main legal paths for ending or redefining a marriage: divorce, legal separation, and annulment. While they all involve changes to your marital status, the process and outcomes are very different.
At Atighechi Law Group, our divorce attorneys often hear questions like: Can I get an annulment instead of a divorce? or Is legal separation better than filing for divorce? This blog will help you understand the key differences between each option and which one might be right for you.
What Is an Annulment in California?
An annulment is different from a divorce because it treats the marriage as if it never legally happened. If granted, the court essentially “erases” the marriage from your legal record. But annulments are only allowed in specific cases, not everyone qualifies.
You’ll need to prove that the marriage was never valid in the first place. Here are the most common grounds for annulment in California:
Already Married (Bigamy)
If one spouse was still legally married to someone else at the time of your marriage, the second marriage is considered void. This is called bigamy, and it’s a clear basis for annulment.
Mental Incapacity or Intoxication
If either spouse was mentally incapacitated or heavily intoxicated at the time of the marriage (such as getting married after a wild night in Las Vegas). This could justify an annulment. California law recognizes that people must have the mental ability to understand and consent to marriage.
Fraud or Deception
If one partner was tricked or misled into getting married, that could be grounds for annulment. This might include hiding critical facts or marrying under false pretenses. For example, if a person lies about wanting children or hides an inability to consummate the marriage, fraud may be claimed.
Physical Incapacity
If one spouse is physically unable to consummate the marriage, and that fact was not disclosed beforehand, the marriage may be annulled.
Incest or Underage Marriage
Marriages between close blood relatives (incest) or between individuals who were underage and didn’t have legal permission are typically void or voidable; and can lead to annulment.
It’s crucial to note that wanting an annulment doesn’t mean you’ll qualify for one. You’ll need to present evidence in court, and a judge must agree that your marriage meets the legal requirements for annulment.
What Is Divorce in California?
A divorce (also called dissolution of marriage) is the most common way to legally end a marriage in California. Unlike an annulment, divorce recognizes that the marriage was legally valid but has now ended.
California is a no-fault divorce state, meaning that you don’t have to prove that either spouse did something wrong. Most divorces are filed based on irreconcilable differences.
What Happens in a Divorce?
The divorce process involves more than just signing papers. Courts address important issues such as:
Property division
California is a community property state, which means most assets and debts acquired during the marriage are considered shared. In a divorce, these are generally divided 50/50, unless there is a valid agreement that says otherwise.
Child custody and visitation
Custody and parenting time are determined based on the best interests of the child. The court looks at factors such as each parent’s relationship with the child, stability, and ability to provide care.
Spousal support
Also known as alimony, spousal support may be awarded depending on the length of the marriage, the financial needs of each spouse, and their ability to become self-supporting. This helps ensure that one spouse isn’t left at a significant disadvantage after the divorce.
Child support
Child support is calculated based on state guidelines, which consider each parent’s income, how much time the child spends with each parent, and any special needs or expenses. The goal is to ensure the child’s financial needs continue to be met.
Many people think facts like cheating or bad behavior will influence the outcome of a divorce, but in most cases, California courts focus on property and parenting, not personal grievances.
What Is Legal Separation?
A legal separation is similar to divorce in that it allows couples to divide assets, debts, custody, and support, but it does not legally end the marriage. You remain married in the eyes of the law, which means neither spouse can remarry.
Why Choose Legal Separation?
Legal separation may be a better fit if:
- You’re not ready for divorce but want to live separately and establish financial or parenting boundaries.
- You want to maintain health insurance benefits or religious beliefs prevent divorce.
- You think there’s a chance of reconciliation, but need legal clarity in the meantime.
Legal separations can be dismissed if you reconcile, but if you later decide to divorce, you’ll need to file a new case or convert the separation into a divorce.
FAQs About Ending or Redefining Your Marriage in California
Can I choose between divorce, annulment, and legal separation?
Yes, but the right option depends on your individual circumstances. While divorce is available to anyone, annulment is only possible if your marriage qualifies as legally invalid from the start. Legal separation is a good choice if you want to stay married but need to separate finances or make custody arrangements.
Is it easier to get a divorce than an annulment?
In most cases, yes. Divorce is a straightforward process in California because it doesn’t require either party to prove fault or specific legal grounds. Annulments, on the other hand, require you to present evidence that the marriage should never have been legally recognized.
What happens to my property if I get an annulment?
Because an annulment legally erases the marriage, courts may try to restore each person to their pre-marriage financial state. That often means each spouse keeps the property and debt they had before the marriage. However, outcomes can vary depending on your specific situation and whether any property was shared during the relationship.
Not Sure Which Option Is Right for You? Let Atighechi Law Group Help.
Choosing between divorce, legal separation, or annulment can feel overwhelming, especially when emotions are high. At Atighechi Law Group, we’re here to provide clear legal guidance and compassionate support, whether your goal is to start over or simply create financial clarity.
We’ll help you understand your options, protect your rights, and navigate the process with confidence.
If you’re facing the end of a marriage or unsure which legal path to take, contact our Los Angeles family law office today at (424) 424-2706 or fill out our online form to schedule a confidential consultation.