When a marriage is no longer working, many people assume divorce is the only option. In California family law, however, there are three main types of marital actions: dissolution (divorce), legal separation, and nullity (annulment). Each option serves a different purpose, and choosing the right one depends on your specific situation, goals, and legal eligibility.

The Three Types of Marital Actions

California recognizes the following types of marital cases:

• Dissolution of marriage (divorce)
• Legal separation
• Nullity (annulment)

Each process addresses issues like property division, support, and custody, but they differ in how they affect the marital relationship itself.

What Is Dissolution (Divorce)?

A dissolution of marriage is the most common type of marital action. It legally ends the marriage and restores both parties to the status of unmarried individuals.

In a divorce, the court resolves key issues such as:

• Division of property and debts
• Child custody and visitation
• Child support and spousal support

Most people choose divorce because it provides a complete legal break. However, there are procedural requirements, including residency rules and a minimum waiting period before the marriage can officially be terminated.

What Is Legal Separation?

Legal separation allows spouses to formally separate their lives without ending the marriage. The court can still make decisions about property, custody, and support—just like in a divorce—but the parties remain legally married.

Legal separation may be a good option for couples who:

• Have religious or personal reasons for not divorcing
• Want to maintain certain benefits, such as health insurance
• Need to preserve eligibility for military or Social Security benefits

It’s important to note that a legal separation requires either both parties’ agreement or a lack of response from the other party. If one spouse objects, the court generally cannot grant a legal separation.

Additionally, either party can later file for divorce if they decide to formally end the marriage. However, decisions already made in the legal separation case—such as property division—are usually final and cannot be revisited.

What Is a Nullity (Annulment)?

A nullity, or annulment, is different from both divorce and legal separation. Instead of ending a valid marriage, it is a legal determination that the marriage was never valid to begin with.

Annulments are only available in specific circumstances, such as when a marriage is void or voidable under California law. Some people choose annulment because it allows them to legally state that the marriage never existed.

There are both advantages and challenges to pursuing a nullity. For example:

• A nullity takes effect immediately, without the waiting period required for divorce
• It may be harder to prove the legal grounds required
• It may limit certain rights, such as property division or support, depending on the circumstances

In some cases, a person may request both annulment and divorce in the alternative, allowing the court to grant divorce if annulment is not approved.

Standard vs. Summary Dissolution

For couples who meet certain eligibility requirements, California offers a simplified divorce process called summary dissolution.

A summary dissolution is typically available for couples who:

• Have a short marriage
• Have limited assets and debts
• Do not have children together

The main advantage is simplicity—many couples can complete the process without extensive court involvement. However, either party can cancel the process before it is finalized, which may require starting over with a standard divorce.

A standard dissolution, on the other hand, is the traditional divorce process and is used in most cases, especially when there are children, significant assets, or disputes.

Choosing the Right Option for Your Situation

Deciding between divorce, legal separation, or annulment depends on several factors, including your personal goals, financial situation, and legal eligibility.

• Choose dissolution if you want to fully end the marriage
• Consider legal separation if you want court orders but wish to remain married
• Explore nullity if you believe the marriage was never legally valid

Each option carries different legal and financial consequences, so it’s important to understand how they apply to your specific circumstances.

Take the Next Step

If you are considering ending your marriage or exploring your legal options, understanding the differences between these types of marital actions is a critical first step. A knowledgeable California family law attorney can evaluate your situation, explain your options, and guide you through the process that best fits your needs.