Divorce – What’s the Difference Between Divorce, Legal Separation, and Annulment?

Many people do not understand the legal difference between divorce, legal separation, and annulment.

Divorce terminates the marriage and any marital obligations the parties have to each other. Once parties are divorced, they are legally single and can remarry. In order to be divorced, the parties must fulfill California state and county residency requirements.

Legal separation does not completely terminate the marital relationship, but it does terminate community property for property acquired after separation. Normally, any property acquired by the spouse during marriage belongs to the community estate, but this does not apply for property acquired after separation. Thus, while the couple is still legally married, separated couples usually live apart and conduct their finances separately from each other. A couple does not need to fulfill residency requirements to legally separate, but until the couple divorces, each party is still considered married and cannot marry another person. Some couples prefer separation to divorce for religious reasons.

An annulment legally voids the marriage based on some defect of the marriage at its inception. This may mean that that the marriage was invalid because one of the parties was still married to someone else, the marriage was entered into based on fraud or coercion, one of the parties was under the legal age of consent and did not have the parents’ permission to marry, or the marriage is incestuous. Annulments are rare, and are expensive and time-consuming to pursue. While courts do not usually scrutinize the grounds for divorce, the courts will closely examine the circumstances regarding an annulment.

Generally, annulments are disfavored, and the party wishing to annul a marriage has a significant burden to show that grounds exist to nullify the marriage. However, the legal effect of an annulment is that the marriage was void from the start, and the parties are single and available to marry other people.

If you wish to secure a divorce, legal separation, or annulment, consult a Southern California divorce attorney. Each option has legal consequences that a divorce lawyer would be able to clearly explain to you. With the help of a lawyer, you can choose the path best suited to your circumstances.

If you or someone you know is considering divorce, you will need a skilled Southern California divorce lawyer to advise you of your rights. At Wallin & Klarich, we have helped people going through divorce for over 30 years. Call us today at (888) 749-7428. We will be there when you call.