|
There are three types of marital actions in California: dissolution (regular or summary), legal separation and nullity. In California, dissolution is granted on only two grounds: (1) irreconcilable differences or (2) incurable insanity. Cal. Fam. Code § 2310. Court are generally very liberal in the interpretation of whether or not there are irreconcilable differences in a marriage; however, if there is a reasonable possibility of reconciliation, the court must continue the proceeding for no more than 30 days. Cal. Fam. Code § 2334. A Judgment of Legal Separation may be granted only if (1) both parties consent or (2) the respondent does not appear and the petition requested a legal separation. Cal. Fam. Code § 2345.
For a Judgment of Dissolution, there is a residency requirement that at least one of the parties must have been a resident of California for 6 months and of the county in which the petition was filed for 3 months, immediately preceding the filing of the petition. Cal. Fam. Code § 2320(a). This residency requirement is mandatory and can’t be waived. However, for legal separation, there is no residency requirement. The third marital action, nullity, may be granted only when a marriage is adjudged void or voidable under conditions provided by statute. In brief, a marriage is void in cases of incest (Cal. Fam. Code § 2200) and bigamy (Cal. Fam. Code § 2201), and is voidable in cases of minority, a current spouse mistakenly believed to be deceased, unsound mind, fraud, force, and physical incapacity (Cal. Fam. Code § 2210). Unlike a dissolution action, there is no residency require for a Judgment of Nullity. And, unlike a Judgment of Legal Separation, there is no requirement for consent or default. The effect of a Judgment of Nullity is to erase the marriage. It is as though the parties were never married. Do you have specific questions about which of the above marital actions you should file? Please call us. Comments are closed.
|
Archives
July 2020
Categories |
RSS Feed
|
|
|
This website is provided "as is" without any representations or warranties, express or implied. The Law Office of Taylor B. Warner makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, The Law Office of Taylor B. Warner does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
The Law Office of Taylor B. Warner will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if The Law Office of Taylor B. Warner has been expressly advised of the potential loss. Use of this website, and a submission of a Contact Form, Email or phone call does not establish an attorney-client relationship.
The Law Office of Taylor B. Warner will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if The Law Office of Taylor B. Warner has been expressly advised of the potential loss. Use of this website, and a submission of a Contact Form, Email or phone call does not establish an attorney-client relationship.