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In addition, an annulment might be granted because one party is already married, the parties are too closely related (i.e.
A: A divorce, sometimes called a “decree of dissolution of marriage,” is a court order terminating a marriage. Unlike an annulment, which states that the marriage was never valid or never existed, a divorce is the termination of a valid marriage.
The outcome of the divorce should seek to resolve all issues between the parties, such as the division of property, child custody and visitation, and spousal and child support.
The only grounds needed for a dissolution of marriage in the state of California is “irreconcilable differences,” which have caused the irremediable breakdown of the marriage.
The court shall enter a decree of dissolution under these grounds if the other party does not deny that the marriage is irretrievably broken.
A: There is no requirement that you live apart, but it is important to keep track of when you began living apart from a spouse for the purpose of accounting for community property and debts incurred after that date, as it would be considered separate property after the date of separation.
A: Another type of action, separate from a divorce, is a legal separation.
When there are no contested issues in the divorce, it may appropriate to try mediation or a collaborative law approach.
Q: Is there any requirement that I physically live apart from my spouse while I file for divorce?
A: An annulment is a court order declaring that a marriage is not valid and was never valid.
The most common ground for annulment is fraud-- when one spouse never disclosed to the other spouse important informationsuch as a previous marriage, a criminal record, an infectious disease, the inability to have children, or the desire not to have children.
If you have been married only a short time, have no children and little property, it may seem financially advantageous to “do it yourself.” However, timing can often be crucial in getting a divorce, and an attorney can best advise you when it will make the most sense in terms of insurance and taxes.