If you are thinking about ending your marriage in California, divorce is not your only option. California law provides three legal paths to end or change a marital relationship: divorce, legal separation, and annulment.
Each option has different legal consequences for property, finances, benefits, and children. Choosing the right one depends on your goals, timing, and personal circumstances.
Below is a clear breakdown of your options under California family law, with guidance on when each option makes sense.
Option 1: Divorce (Dissolution of Marriage)
Divorce is the most common way to end a marriage in California. It permanently terminates the marital relationship and restores both spouses to single status.
Key facts about divorce in California:
- California is a no-fault divorce state
- You do not need to prove wrongdoing
- Most divorces are filed for irreconcilable differences
- There is a mandatory 6-month waiting period from the date of service
What divorce legally resolves:
- Division of community property and debts
- Child custody and visitation
- Child support
- Spousal support (alimony)
- Termination of marital status
Divorce is final. Once the judgment is entered, the marriage cannot be restored without remarriage.
If there is domestic violence, financial abuse, or safety concerns, those issues should be raised immediately. California courts can issue restraining orders and temporary protections early in the case.
Divorce is usually the right choice when reconciliation is not possible and both spouses are ready for a permanent legal separation.
Option 2: Legal Separation in California
Legal separation allows spouses to live separately and resolve legal issues without ending the marriage.
Many people in Los Angeles choose legal separation for practical or financial reasons.
Legal separation allows the court to decide:
- Child custody and visitation
- Child support
- Spousal support
- Property and debt division
But unlike divorce:
- You remain legally married
- You cannot remarry
- Some benefits may continue
Common reasons couples choose legal separation:
- Religious or cultural objections to divorce
- Continued access to health insurance benefits
- Immigration concerns
- Uncertainty about reconciliation
- Not meeting California’s 6-month residency requirement yet
Legal separation can later be converted into a divorce, often without restarting the process.
For couples who need structure, financial clarity, or distance—but are not ready for divorce—legal separation can be an effective option under California law.
Option 3: Annulment (Marriage Declared Invalid)
An annulment is very different from divorce or legal separation. Instead of ending a valid marriage, an annulment declares that the marriage was never legally valid.
Annulments are only available in specific situations defined by California law.
Common legal grounds for annulment in California:
- One spouse was under 18 at the time of marriage
- Bigamy (one spouse was already married)
- Fraud or misrepresentation going to the heart of the marriage
- Unsound mind at the time of marriage
- Physical incapacity to consummate the marriage
- Incest
Annulments are not automatic and often require strong evidence. Many requests are denied if the legal standard is not met.
Important to know:
- Annulments are final
- Property and support rules differ from divorce
- Timing matters—some annulment grounds expire
Because annulments are highly technical, speaking with a California family law attorney is essential before pursuing this option.
Divorce vs. Legal Separation vs. Annulment (Quick Comparison)
| Feature | Divorce | Legal Separation | Annulment |
|---|---|---|---|
| Marital status after case | Marriage ends permanently | Marriage continues | Marriage treated as never valid |
| Ability to remarry | Yes | No | Yes |
| Court authority over property & debts | Yes | Yes | Limited / case-specific |
| Child custody & child support orders | Yes | Yes | Yes (if children exist) |
| Spousal support (alimony) | Yes | Yes | Limited / not automatic |
| Legal requirements | No-fault (irreconcilable differences) | No-fault | Strict legal grounds required |
| Availability | Available to all eligible spouses | Available to married spouses | Limited to specific situations |
| Can later convert to divorce | N/A | Yes | No |
| Common reasons people choose it | Permanent end of marriage | Benefits, religion, uncertainty | Marriage was legally invalid |
If you are unsure which option applies to your situation, speaking with a Los Angeles divorce attorney can help you choose the right path.
Which Option Is Right for You?
The right choice depends on:
- Your long-term goals
- Financial considerations
- Children involved
- Benefits you may need to preserve
- Safety or urgency concerns
Many people assume divorce is the only option—but in California, choosing the wrong path too early can create unnecessary financial or legal complications.
Speak With a California Divorce Attorney Before Filing
Ending a marriage is not just emotional—it is legal, financial, and long-lasting.
An experienced Los Angeles divorce attorney can:
- Explain which option fits your situation
- Protect your assets and parental rights
- Help you avoid costly mistakes early
- Guide you through divorce, legal separation, or annulment
If you are considering ending your marriage in California, speaking with a family law attorney before filing can give you clarity and control over the process.
