Understanding Divorce Options In California

Understanding Divorce OptionsThe following article will cover:

  • Different types of divorce options available in California,
  • What an uncontested divorce is, and
  • Legal separation as an option to protect assets without terminating the marriage in California.

 Are There Different Types Of Divorce Options Available In California?

In California, there are various divorce options available:

  • Dissolution: The most common option, in which the marriage is legally terminated.
  • Annulment: The marriage is considered null and void, but high standards must be met. Grounds for annulment include:
    • Fraud or deception at the time of marriage
    • Invalid marriage (e.g., one party was already married)
    • Duress or coercion
    • Mental incapacity of one party at the time of marriage

Annulments are rare, and there are two types of divorce: legal separation and dissolution. Legal separation involves dividing assets and establishing parenting plans, but the parties remain legally married on paper.

What Is An Uncontested Divorce And Do We Still Need A San Jose Divorce Attorney If We Agree On Everything?

An uncontested divorce occurs when both parties agree on the terms of the divorce. In cases involving short-term marriages with no children, few shared assets, and clear separation of property, you may resolve matters without an attorney. However, it’s usually beneficial to have at least one attorney involved to ensure the marital settlement agreement is valid and addresses all necessary details.

It is recommended that both parties hire their own attorney to protect their best interests. Attorneys can draft the marital settlement agreement and ensure that it includes the required language for spousal support waivers, custody, and child support agreements.

I Don’t Want To File Right Now, But I Want To Protect My Assets. Is There Anything I Can Do Legally In The State Of California?

If you’re not ready to file for divorce but want to protect your assets, consider filing for legal separation. This process allows you to separate assets and reach agreements similar to a divorce, without terminating the marriage.

Be aware that if you complete the legal separation process and later decide to divorce, you cannot convert the legal separation into a divorce and must start a new proceeding. However, if the legal separation has not been completed, it can be converted into a dissolution in the same proceeding.

With the guidance of a skilled attorney for Family Law, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Family Law in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (408) 909-4586 today.

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