-layout image- Elaine L. Heine, Attorney at Law
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Family Law

Divorce, Nullity, Legal Separation

Divorce

California is a "no-fault" jurisdiction which means a party may initiate dissolution proceedings if "irreconcilable differences" have arisen. A dissolution may be filed in California if one of the parties has resided in the state for six months and the county of San Diego for three months prior to the date of filing. Six months after a dissolution has been filed the court may order the parties marriage is dissolved even if the other party objects to the dissolution.

Nullity

A nullity of marriage is a determination by the court that no valid marriage ever existed between the parties. Reasons for finding the marriage never existed include incest, bigamy, minority, fraud, duress and physical incapacity.

Legal Separation

California legal separation occurs when the marriage partners have come to a parting of the ways with no present intent to resume their marriage and their conduct evidences a complete and final break in the marital relationship. Legal separation law is preferable to dissolution when there is potential for reconciliation, for religious reasons or when one party needs to be maintained on another parties' health insurance for a long term, due to illness or disability. The parties may not remarry if they are legally separated.