Divorce

What’s the difference between a divorce, a legal separation, and an annulment?
A divorce (also called “dissolution of marriage” or “dissolution of domestic partnership”) ends your marriage or domestic partnership. After you get divorced, you will be single, and you can marry or become a domestic partner again.

If you get divorced, you can ask the judge for orders like child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, division of property, and other orders.

A legal separation does not end a marriage or domestic partnership. You can’t marry or enter into a partnership with someone else if you are legally separated (and not divorced). A legal separation is for couples that do not want to get divorced but want to live apart and decide on money, property, and parenting issues. Couples sometimes prefer separation for religious reasons.

In a legal separation case, you can ask the judge for orders like child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, or any other orders you can get with a divorce case.

An annulment (or “nullity of marriage” or “nullity of domestic partnership”) is when a court says your marriage or domestic partnership is NOT legally valid. A marriage or domestic partnership that is incestuous or bigamous is never valid. Other marriages and partnerships can be declared “void” because:

  • of force, fraud, or physical or mental incapacity;
  • one of the spouses or partners was too young to legally marry or enter into a domestic partnership; or
  • one of the spouses or partners was already married or in a registered domestic partnership.

Call the Law Offices of David W. Knecht at (707) 451-4502 to talk to Mr. Knecht about your situation.