15 November 2010 0 Comments

Is there an alternative to Divorce in California?

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In California, there are two alternatives to divorce.  In the divorce law there are provisions for both legal separation and the nullification of marriage.  Now, it can be tricky to nullify a marriage because it is hard to prove the grounds that invalidate the marriage decree.  But it certainly not impossible.  For those where nullity is not a good option, it is still possible change their status from being married to not married, without going through a divorce. Sometimes it can be for religious reasons. Whatever the motivation, legal separation is an option that can be far easier to get over an annulment. The legal separation process can be utilized to separate property and even set up child support and support in situations where spouses live apart, yet were still married. It can be particularly appealing in circumstances where there are shared benefits that both parties receive and want to continue receiving. For example, both parties may want to continue to share social security benefits, veteran’s benefits, or medical insurance even through they are separated. Under California divorce law, both parties must show that they intend that the marriage be over by acting in a manner consistent with the intent to be legally separated.

It is important to note though, that in California legal separation is NOT divorce. Check with an experience Family Law and Divorce lawyer to really understand the differences and know which option is best for you.

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