Dissolution of Marriage in California
California is a no fault state. That means that parties to a divorce to not have to prove grounds for the divorce. If one of the parties does not want to be married anymore s(he) will file a Petition For Dissolution. The other side must respond by filing a Response To Petition, or risk the other party taking a Default.
Ending Marriages in California
A marriage in California may be legally dissolved, restoring spouses to single status only by one of the following:
- Death of one of the parties;
- A Judgment of Marriage Dissolution; or
- A Judgment of Nullity of Marriage.
Petitioning for Nullity of Marriage occurs and should be considered where the validity of the marriage is in doubt. A nullity proceeding is based on the theory that, for reasons existing at the time of the marriage, no valid marriage ever occurred. In other words, whereas a dissolution action seeks to terminate marital status, a nullity action seeks to inquire whether any such status ever existed.
Some examples giving rise to a nullity proceeding, include and are not limited to:
- Marriage was induced by fraud or force
- One of the parties was under the age to consent
- Marriage wasn’t properly formalized
- One of the parties was already married (Bigamous)
