5 Divorce Alternatives in California

What are Divorce Alternatives in California?

For some couples, getting a traditional litigated divorce in court is not the best option to ending their marriage. Here are five alternatives to divorce in California.

California offers a number of different options that might be a more suitable option for couples looking to separate. Because every case is different, there may be better alternatives depending on each couple’s individual preferences and circumstances.

What Requirements Must Couples Meet to Get a Divorce in California?

California has residency requirements that couples must meet in order to get a divorce in the state.

For a married couple to get a divorce in California, at least one spouse must have lived in California for the last six months and the county in which they plan to file for divorce for at least three months. If the spouses both lived in California for the last six months, but in different counties for the last three months, the couple is eligible to file in either county.

For domestic partners to get a divorce in California, the residency requirements differ depending on where the domestic partnership was registered. If the domestic partnership was registered in California, there are no residency requirements. However, if the domestic partnership was not registered in California, at least one of the domestic partners must have lived in California for the last six months and the county in which they plan to file for divorce for at least three months.

Options for Divorce Alternatives in California

1. Legal Separation

For couples who don’t meet California’s residency requirements for divorce, they are still eligible to get a legal separation. While a legal separation does not end a marriage or domestic partnership, it can provide court orders on issues related to custody and visitation, child support, and property division. However, because legal separation does not end a marriage or domestic partnership, individuals who get a legal separation are unable to marry someone else or enter another domestic partnership.

Legal separation is also a good option for individuals who may not want to get a divorce for religious reasons, their own personal beliefs, or financial reasons. If a couple chooses to get a legal separation, they may also be able to change their case to a divorce case in the future if they meet certain requirements.

In order to file for a legal separation, at least one spouse or domestic partner must be living in California at the time of the legal separation.

2. Annulment

Another alternative to a traditional divorce is an annulment, which is when the state court orders that a marriage or domestic partnership is not legally valid. According to the California state court, after an annulment, it’s almost like the marriage or domestic partnership never occurred, because it was never legal in the first place.

To get an annulment, it must be proven that the marriage or domestic partnership meets one of the following invalidating reasons:

The marriage was between close blood relatives
The marriage involved someone who was under 18 years of age at the time of the marriage
The marriage involved someone who entered the marriage under fraud or force while incapacitated
The marriage involved someone who was already married or in a domestic partnership with an outside partner
The marriage involved someone who was already married or in a domestic partnership with an outside partner, where the outside partner was absent for at least five years and was not known to be alive or deceased

Annulments are extremely rare, and are not dependent on the length of the marriage. The only way to get an annulment is to prove that your marriage meets one of the above reasons. To file for an annulment, the California state court requires reaching out to a lawyer.

3. Divorce Mediation

Divorce mediation is another alternative to traditional divorce, in which couples meet with an unbiased person – known as the mediator – who helps them reach an agreement on various issues. The mediator facilitates conservations that lead the couple to make decisions on their own.

For some couples, divorce mediation can help them reach agreements on all issues relevant to their divorce. In this case, after an agreement is reached, the couple can file a marriage separation agreement, which requires a written agreement on the issues related to your divorce, including property division, child custody, and child and spousal support. This would be a legal substitute for a traditional litigated divorce in court.

Mediation could be a good choice for couples who want to keep control of their divorce and the decisions made in it, because the couple is involved firsthand in the decision-making and agreement process. Additionally, it can save couples time and money if they are able to reach a full agreement and file the marriage separation agreement, which doesn’t require a court appearance.

4. Collaborative Divorce

Similar to divorce mediation, collaborative divorce is another alternative to a traditional divorce. In a collaborative divorce, the couple works with professional collaborative lawyers, who advise the couple on negotiating an agreement with one another.

Collaborative divorce differs from mediation, however, because both parties meet separately with their own lawyers, as well as with the other party and their lawyers. Additionally, other professionals, such as child custody specialists, may be brought in to work on the case.

The couple and their lawyers will usually sign a contract that says the couple agrees not to take the divorce to court. If the case is not able to be resolved completely outside of court, the lawyers must withdraw from the case.

5. Summary Dissolution

Finally, another alternative to a traditional litigated divorce is through a summary dissolution, which is a faster, more simplified method to legally end a marriage.

To qualify for a summary dissolution, couples must meet all of the following requirements:

The couple has been married for less than five years (from the date of marriage to the date of separation).
The couple has no children together.
The couple does not own any part of land or buildings.
The couple does not rent any land or buildings (besides where they currently live, as long as they don’t have a one-year lease or option to buy).
The couple does not owe more than $6,000 in debt accrued during their marriage, not including car loans.
The couple has less than $45,000 worth of property accrued during their marriage, not including cars.
The couple has less than $45,000 worth of separate property (property belonging to each individual spouse), not including cars.
The couple agrees that neither spouse will receive spousal support.
The couple has signed an agreement that divides their property and debts.
At least one spouse must have lived in California for the last six months, and in the county where the summary dissolution is filed for the last three months.

While not everyone can get a summary dissolution, it is often a smart choice for couples who are eligible to do so, because it’s usually faster, because it requires less paperwork, and is a more cost-effective option.

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If you have any more questions about divorce alternatives in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal situation. Your initial consultation is free!