Divorce Options California: Legal Options for Ending a California Marriage
Wedding planning aside, the legal process of getting married in California is actually quite simple and straightforward: two people pick up a marriage license from the county clerk, and the officiant of the marriage ceremony signs the license and sends it to the county recorder. Obtaining a divorce, on the other hand, can be a far more challenging and lengthy process. The good news is that there are a number of options for ending a California marriage, some of which may be more suited to the parties’ needs than others, and the parties can work together or unilaterally to pursue the best option.
Settlement
Parties may negotiate amongst themselves with or without the assistance of attorneys to reach what they feel is a fair agreement, and then this agreement will be submitted to a California family court judge for approval. The judge will only approve the settlement, however, if it is consistent with California family law. Settlement may be a good option when there are few assets to be divided and/or where the parties are on friendly terms. Obtaining the assistance of an attorney may nevertheless be valuable to make sure the parties are reaching a fair agreement that will be accepted by a family court judge.
Mediation
In mediation, the divorcing spouses agree to meet with a neutral, third-party mediator who will help the parties move through any disagreements and guide them through the California divorce process. Attorneys may be involved, and it is important to remember that only your attorney, and not the mediator, is exclusively representing your interest. The mediator may work with the parties to reach a settlement, but the mediator does not have the power to bind the parties to an agreement. Mediation can be a good option where the parties have some disagreements or could benefit from the input of a knowledgeable third party, but are willing to work together to reach an agreement.
Arbitration
This option is similar to mediation in that a neutral third-party will work with the parties to reach a satisfactory arrangement to end the marriage, but the crucial difference is that the arbitrator, unlike a mediator, has the power to bind the parties to a final decision in the same way a family court judge would. Arbitrators, in fact, are often former judges or practicing attorneys. This option can benefit spouses who have disagreements they are unlikely to resolve on their own but who want to avoid the cost or potential delay of a courtroom setting. Both parties must agree to submit to arbitration in order for it to be binding.
Trial
In a divorce trial, the parties will go before a California family court judge who will hear evidence, examine the parties’ written submissions, and then make a binding determination regarding division of property, custody arrangements, spousal and child support, and other matters. A trial can take a much longer period of time than the other arrangements due to the court’s schedule, and can be more costly, but, unlike the other three options, this option does not require both parties to commit to the process. In essence, one spouse can force another into court (you cannot force your spouse to settle, mediate, or arbitrate), which will require the other spouse to submit to the court’s rulings.
Alternatives to Divorce
Divorce is not the only option for terminating a marriage in California, although it is by far the most common option. Other options include an annulment or a legal separation, and people may choose this options in some circumstances for specific reasons.
Annulment
An annulment may be granted by the state of California, which will mean that the law will treat the marriage as though it never existed. Note that this is a separate process than any annulment a religious institution might provide. Annulments are only available in specific circumstances in California: where a minor was married without the legal consent of parents or a guardian, or where fraud or deceit was involved in the other party obtaining the marriage (i.e. lying about his or her identity). A person seeking an annulment must appear in court to receive an annulment.
Legal Separation
Legal separation is a process very similar to divorce in that a court will approve a division of property between the spouses, and may award spousal support, child support, or custody. The chief difference, however, is that the parties will remain married after the legal separation, and thus are not free to remarry others. A couple may opt for a legal separation for religious reasons, where there are immigration issues at stake, for the sake of receiving benefits based on the marital status, or other reasons.
Discuss Your Divorce Options With a Trusted Legal Advisor
Contact Pasadena divorce attorney Richard Jacinto today to consult with an accomplished, skillful family law attorney to discuss your divorce options in California.
