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

A divorce (which may 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.

Most states have residency requirements for divorce. Check with the courts in your state for exact requirements. In California for example, for married persons to get a divorce residency is established with the following.

• They must have lived in California for the last 6 months, and in the county where they plan to file the divorce for the last 3 months.
• If either spouse has lived in California for at least 6 months but in different counties for at least 3 months, they can file in either county.
• If they don't meet the residency requirement, they can still file for a legal separation.
• Once enough time has passed so that they meet the residency requirement for a divorce, they may file an "amended petition" and ask the court for a divorce.

Legal Separation

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.

Residency requirements often do no apply to couples seeking a legal separation. For example, in California you do not need to meet the state’s residency requirement to file for a legal separation. If you file for a legal separation, you may later be able to file an amended petition to ask the court for a divorce-after you meet the residency requirements.

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.

Annulment

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.

Annulments are very rare. If you ask to have your marriage or domestic partnership annulled, you will have to go to hearing with a judge.