MyDivorcePapers Blog

We're here to make your life easier to manage and to help you begin your new start.
California Divorce Law 101

California Divorce Law 101In California, the dissolution of a marriage can take on many forms and shapes. Partnerships between man and women are not as straight forward as they have been in generations past. Domestic partnerships, legal separation, same sex marriage, and transgender partners have all become situations that the California courts and laws have had to deal with in recent times. Classic cases of divorce have become common place in our society but there are other forms of legal separation as well as stipulations in the divorce process unfamiliar to some couples.

Dissolution of Marriage

For those thinking about filing California divorce papers, there should be an awareness for the rules pertaining to grounds for divorce; the most common is irreconcilable differences. This known as a no-fault divorce. Both spouses enter willingly into these proceedings and no stipulations for the filing have to be stated other then that the marriage has no chance to be reconciled.

“Summary Dissolution” of Marriage

A “Summary” dissolution of marriage is slightly different. You do not have to talk to a lawyer or go through the courts. However not everyone can qualify for a summary dissolution and it is not always recommended. First there are residency requirements that must be met, such as:

  1.  Must have lived in California for the last 6 months
  2.  Must have lived in the county where you are filing for a summary dissolution for the past 3 months

If you meet these requirements of residency you must also meet the following requirements to qualify for a summary dissolution to a marriage:

  1.  Have been married for less than 5 years
  2.  Have no children together born or adopted before or during the marriage
  3.  Do not own any part of land or buildings
  4.  Do not rent any land or buildings
  5.  Do not owe more than $6,000 for debts acquired since the date you got married
  6.  Have less than $38,000 worth of property acquired during the marriage
  7.  Do not have separate property worth more than $38,000;
  8. Agree that neither spouse will ever get spousal support; AND have signed an agreement that divides your property (including your cars) and debts.


An annulment, defined by the courts of California is when the a marriage is considered not  legally valid but the stipulations of the law. The effect of an annulment renders your marriage obsolete and makes it so that for all intents and purposes it never happened. There are basic reasons a marriage can be claimed invalid:

  1.  Age at the time of marriage or domestic partnership
  2.  Prior existing marriage or domestic partnership
  3. Unsound mind or incurable insanity
  4. Fraud – a Partner was deceived or misled into the filing for a marriage
  5. Forced marriage – either party was forced against their will into a legal marriage or domestic partnership
  6. Physical incapacity – basically it is understood to mean that a spouse or partner is incapable of consummating a marriage and that this is incurable

These lists are basic overviews of the mains reasons different types of marriages, domestic partnership etc can be dissolved. There are many more minute details that could apply to various situations when it comes to marriage, separation and finalizing the dissolution of the marriage. It is important to understand the stipulations and restrictions that apply to your certain situation. At we have insightful and helpful divorce videos aimed at helping someone understand the individual states laws when it comes to filing for divorce.


4 thoughts on “California Divorce Law 101; Terms for Filing, Legal Separations, Annulments and Divorce Requirements

Leave a Reply

Your email address will not be published. Required fields are marked *

Home | Leadership Team | Help Center | Privacy Policy | Terms & Conditions | Disclaimer

© 2014, All Rights Reserved.

Back to Top