Divorce & Legal Separation

The divorce process will take at least 6 months, starting from the date the Petitioner has the other party served with the Summons and Petition. This is a mandatory waiting period required by California law. There are many forms to fill out during the divorce process, and it can become complicated. You can contact the Legal Self-Help Center for assistance with this process, or you can visit the California Court's Self-Help Center website.

What are the requirements?

In California you MUST meet the residency requirements.

• Either you or your spouse must have lived in California for the Last 6 months and the last 3 months in the county where you plan on filing for the divorce
• If you and your spouse have lived in California for a least 6 months but in different counties for a t least 3 months, you can file in either county.

Summary Dissolution

What is it?

Some couples that have been married or in a registered domestic partnership for less than 5 years can get a "summary dissolution" as long as they also meet other requirements. A summary dissolution is an easier way to end your marriage or domestic partnership (or both).

What are the requirements?

Both parties agree and are willing to fill out this paperwork together and meet the following:

• Married and together less than 5 years (count marriage date to separation date)
• No children of this marriage
• You don't own too much (nor owe too much)
• No land or buildings
• Value of property (minus cars) is $40,000 for community property
• Each person has not more than $40,000 for separate property (minus cars)
• Total of debts is less than $6000 (minus cars)
• Neither party wants to get spousal support (alimony)
• Agree about how to divide up any property or debts
• At least one has lived in California for 6 months and in the County of Marin for 3 months (exception for same sex couples who were married in California but cannot get a divorce in their home state)

Within 6 months, either party can file the Notice of Revocation of Petition for Summary Dissolution. That filing will vacate the judgment. If one of the spouses then wishes to be divorced, that person will need to file the regular divorce paperwork. You can contact the Legal Self-Help Center for assistance with this process, or you can visit the California Court's Self-Help Center website.

Legal Separation

What is it?

If you cannot or do not want to get a divorce, you can ask the judge for a legal separation.

A legal separation does not end a marriage or domestic partnership. You cannot marry or enter into a partnership with someone else if you are legally separated (and not divorced). If you ask for a legal separation, you may be able to change to a divorce case later if you meet certain requirements.

Like a divorce, you can address the following issues:

• Child custody and visitation
• Child support
• Spousal or partner support
• Division of property and debts
• Attorney's fees

To get a legal separation, you follow the same basic process used for a divorce. There are many forms to fill out during the legal separation process, and it can become complicated. You can contact the Legal Self-Help Center for assistance with this process, or you can visit the California Court's Self-Help Center website.

What are the requirements?

• You can file in California if at least one of you is living in California

Annulment

What is it?

An annulment (or "nullity of marriage" or "nullity of domestic partnership") is when a court says your marriage or domestic partnership in NOT legally valid. After an annulment, it is like your marriage or domestic partnership never happened because it was never legal.

To get an annulment, you must be able to prove to the judge that one of the specific legal reasons below is true in your case. This makes an annulment case very different from a divorce or legal separation. Unlike a divorce, "irreconcilable differences" is not a reason for getting an annulment. The nullity process can become complicated. You can contact the Legal Self-Help Center for assistance with this process, or you can visit the California Court's Self-Help Center website for more information.

Below are the reasons for an annulment. Each reason has important details you have to prove to get a court to give you an annulment:

A marriage and domestic partnership is NEVER legally valid (void) when it is:

• Incestuous: This is when the people who are married are close blood relatives
• Bigamous: This is when a spouse is already married with someone else

Other marriages and domestic partnerships can be declared invalid (voidable) based on:

• Age at the time of marriage: The party filing for the annulment was under 18 years of age at the time of the marriage, unless the party filing freely lived with the other as his or her spouse after attaining the age of consent
• Prior existing marriage: Either party was already legally married and the marriage took place after the former spouse was absent for 5 years and not known to be living or generally thought to be dead
• Unsound mind: Either party was of "unsound mind" or unable to understand the nature of the marriage, unless the party of unsound mind, after coming to reason, freely lived with the other as his or her spouse
• Fraud: Either party get married as a result of fraud, unless the party whose consent was obtained by fraud, with full knowledge of the facts constituting fraud, freely lived with the other as his or her spouse
• Force: Either party consented to getting married as a result of force
• Physical incapacity: Either party was, at the time of marriage, physically incapable of consummating the marriage, and appears to be incurable

CONTACT US

Civic Center, Hall of Justice, Room 113
San Rafael, CA 94903
(415) 444-7040

Clerk's Office Hours:
8:00 a.m. - 12:00 p.m. & 1:00 p.m. - 4:00 p.m.
Closed from noon to 1:00 p.m.