Understanding the Three Legal Paths to Ending a Marriage
Family Code § 310
At Aloha Divorce, we believe that navigating the end of a marriage should begin with clarity. While many people associate divorce with the end of a relationship, it’s important to understand that there are actually three distinct legal ways a marriage can end under California Family Code § 310.
Whether you’re preparing for next steps or simply want to understand your options, here’s what the law says.
1. Death of a Spouse
This is the most straightforward—and irreversible—way a marriage ends. When one spouse passes away, the marriage is legally terminated. At that point, all rights and responsibilities tied to the marital relationship end, and the surviving spouse may become a widow or widower under California law.
In these cases, legal matters such as estate planning, community property distribution, and inheritance often become relevant. Having a valid will or trust in place can help avoid confusion and conflict during this emotional time.
2. Judgment of Dissolution (Divorce)
A divorce, also called a judgment of dissolution, is the formal legal process for ending a valid marriage. Once a divorce is finalized by a court, each person is legally restored to the status of a single individual.
In California, divorce involves resolving key issues such as:
-
Division of assets and debts
-
Child custody and visitation (if applicable)
-
Child support and/or spousal support
-
Possible reimbursement or separate property claims
California is a no-fault divorce state, which means you don’t have to prove wrongdoing to obtain a divorce—irreconcilable differences are enough.
3. Judgment of Nullity (Annulment)
A judgment of nullity, or annulment, legally declares that a marriage was never valid to begin with. This is different from divorce because it treats the marriage as though it never existed.
Grounds for annulment in California may include:
-
Fraud or misrepresentation (Fam C 2210 (d); Civ. C §1574; Marriage of Ankola (2020) 53 Cal.App.5th 369)
-
Bigamy (one party was already married) or Incest (Fam C §§ 2200, 2201)
-
Lack of capacity (e.g., intoxication or mental incompetence at the time of marriage (Fam C § 2210 (f))
-
Force or coercion (Fam C § 2210 (e) )
-
Underage marriage without proper consent or court approval (Fam C § 2210 (a) )
Whether a marriage ends by death, divorce, or annulment, each path comes with its own legal and emotional complexities. Understanding the distinctions can help you make informed choices and avoid unnecessary conflict or confusion.
