Alternatives to Divorce

Alternatives to California Divorce Proceedings

Summary Dissolution: A summary dissolution is a type of divorce proceeding. However, it is a simplified divorce process, so easy it can be filed by a non-attorney.  Although the divorce process is simple, few people qualify.  To qualify for this type of divorce proceeding,  both parties must agree to sign the divorce papers, each spouse must have a limited number of assets and debts, neither party can own real property, there can be no children of the marriage, the date of marriage must be within five years of the filing for a divorce, and neither party is requesting spousal support. This type of divorce can usually be filed on line, through the local family law courthouse.

Annulment: An annulment wipes away the marriage, and, in the eyes of the law, the parties were never legally married. There is no waiting period, but a trial is required in family court.  A party cannot qualify for an annulment simply because they were not married very long or the marriage was not consummated. In order to qualify for an annulment, the parties must meet very specific requirements.

Examples which would qualify a couple for an annulment include: a spouse being incapacitated when he or she entered into the marriage; the spouses being related by blood and closer than cousins; one spouse having been already married before entering into this marriage; or either souse being under the age of eighteen and did not have a parent's permission, the marriage was based on fraud, etc.  Annumlents are tricky, and should not be attempted without the help of a family law attorney. 

Legal Separation: A legal separation requires the exact same process as a divorce, except that in the end, you will not be divorced. There is a six-month waiting period, child support and spousal support can be awarded, custody and visitation can be litigated, and property is divided. Your spouse must agree to a legal separation. People generally chose a legal separation due to religious beliefs, or in order to be eligible for their spouse's social security or insurance benefits.

Dissolution: A dissolution is not an alternative to a divorce proceeding. Is is just another name for a divorce.

Uncontested Divorce:  An uncontested divorce proceeding is also a divorce. However, the parties agree to the terms of the divorce judgment before ever filing any paperwork. This prevents the parties from ever having to appear in court.