Can I get a legal separation, or annulment?

Posted By admin, On July 12, 2020

Yes! It is possible to get legal separation, or annulment, without having lived in California for 6 months, or your county for 3 months, before filing.

Legal separation: You can have religious, insurance, tax, or other reasons, for wanting a legal separation versus a dissolution. If you get legal separation, you and your spouse will remain legally married, but the court can divide your property, and issue orders relating to child custody, child visitation, child support, spousal support, and even issue a restraining order. If you live in an apartment for rent in NYC, you can force your spouse to leave it.

Annulment: If you are granted an annulment it’s as if your marriage never existed. You can get an annulment if you are married when you were a minor, without the consent of a parent/guardian, or if there were certain types of fraud/deceit involved. If you want an annulment, you will need to appear in court for a trial.