A marriage may be dissolved on the grounds of incurable insanity " . To file for dissolution, either you or your spouse must meet California's residency requirements.
Either you or your spouse must have lived in California for at least six (6) months prior to filing your case AND either you or your spouse must have lived in the county where you will be filing the dissolution case for at least three (3) months prior to filing your case.
If you desire dissolution but neither you nor your spouse meets California's residency requirements, you may initiate a case requesting a legal separation.Once either party meets the residency requirements, you can amend the Petition form to request dissolution.The Family Law Department assists people with the following legal issues: The Family Law Clerk's Office will provide you with the necessary forms if you are representing yourself in a family law matter.SELF-HELP informational packets are available for a nominal charge through the Family Law Clerk's Office or they may be acquired from this website by clicking on Forms.If one party files documentation requesting a legal separation and the other party file documentation requesting dissolution, the judge will grant the dissolution.
If the marriage ends with the judge granting a Judgment for Legal Separation, either party may file a separate dissolution case to terminate the marital status to return both parties to the status of unmarried persons.
A nullity of marriage (sometimes referred to as an annulment) is rarely used.
If the judge grants a nullity of marriage, it is as if the marriage never legally existed and restores the parties to the status of unmarried persons.
Once these time limits have passed, you will need to end the marriage and resolve issues by requesting either a dissolution or legal separation.
Even though the marriage is considered invalid, depending on the facts of the case, you may still be treated like a spouse for the purposes of property and debt division, custody and support as if the marriage had been valid.
Certain conditions must be met before the Court will find the marriage void (Family Code Sections 2200-2201) or voidable (Family Code Sections 2210) and grant a nullity of marriage.