This document provides an overview of family law concepts related to marriage and divorce. It discusses the steps to get married in California, including obtaining a marriage license, the types of marriage licenses available, and requirements like minimum age. It defines key terms like incestuous marriage and bigamy. The document also covers family relationships and outlines duties and rights in marriage like the duty of support and the right to inherit. It confirms same-sex marriage is allowed in California and that a marriage license cannot be obtained by mail.

1. Family Law
Marriage and Divorce
(Chapters 25 and 26)
2013 version
1

2. I am not an attorney.
2 of 245
I am a high school teacher
in California.
I am just trying to teach family law
concepts to teenagers.

3. Family Law Agenda
• Marriage
• Family Relationships
• How property is owned in a marriage
– If a married couple buys a car, who really owns it?
• Four ways to end a marriage
• Five legal decisions when ending a marriage
3

4. Marriage in California—4 steps
1. Fall in love with someone
2. Be a responsible, mature person at least 18
years old
3. Get a marriage license
4. Have a ceremony
4

5. Marriage, Step 1
5

6. Marriage, Step 1
Fall in love with someone
6

7. Marriage, Step 1
Fall in love with someone
Not in like
Not in “good enough”
Not in “he picked me”
Not in infatuation
Not in obsession
Not in “why not”
Do not fall in love with love
7

8. Some states do not allow
same sex marriage.
8 of 245

9. Only a few states allow
same sex marriage…
9

10. 13 same-sex marriage states (as of August 2013)
• Rhode Island
• Connecticut
• New York
• Maryland
• Delaware
• Washington
• California
• Minnesota
• Iowa
• Maine
• New Hampshire
• Vermont
• Massachusetts
10

11. Marriage, Step 2
Be a responsible, mature
person at least 18 years old
Under 18 is allowed with:
(a) parental permission
(b) counseling
(c) approval of a superior court
judge
11

12. You cannot marry a person directly related
to you by blood—that is called “incestuous
marriage” and is a crime.
12

13. You cannot marry a person directly related
to you by blood—that is called “incestuous
marriage” and is a crime.
Marriages between
– parents and children, ancestors and descendants of
every degree
– brothers and sisters; half brothers and sisters
– uncles and nieces or aunts and nephews
are incestuous, and void from the beginning.
13

14. You cannot marry a person who is currently
married—that is a crime called
“bigamy” or “polygamy”
14

15. You cannot marry a person who is currently
married—that is a crime called
“bigamy” or “polygamy”
Bigamy:
– Married to two husbands or two wives at the same
time
15

16. You cannot marry a person who is currently
married—that is a crime called
“bigamy” or “polygamy”
Bigamy:
– Married to two husbands or two wives at the same
time
Polygamy:
– Married to two or more husbands or two or more
wives at the same time
16

17. To get married in California
17

18. To get married in California
You do not have to live in California
18

19. To get married in California
You do not have to live in California
You do not have to be a citizen of the USA
19

20. To get married in California
You do not have to live in California
You do not have to be a citizen of the USA
You do not have to have a “blood test”
20

21. 21

22. What is “incestuous marriage”?
22

23. What is “incestuous marriage”?
The crime of marrying
someone who is related
to you by blood.
23

24. If you are married to two people at
the same time, you are guilty of
the crime of _____________
24

25. If you are married to two people at
the same time, you are guilty of
the crime of _____________Bigamy
25

26. done!
26

27. Marriage, Step 3
Get a marriage license
California requires a marriage license and a
ceremony—so do 38 other states.
27

28. Marriage, Step 3
Eleven states allow people to be married just by
saying they’re married and acting like they’re
married.
This is called a “Common Law” marriage.
28

29. Marriage, Step 3
“Common Law” marriage.
29

30. Marriage, Step 3
Does California allow “common law” marriage?
30

31. Marriage, Step 3
Does California allow “common law” marriage?
31

32. Marriage, Step 3
What does “common law” marriage mean?
32

33. Marriage, Step 3
What does “common law” marriage mean?
You are married just by
telling people that you
are, and living like you are.
33

34. Marriage, Step 3
Do any
nearby states
allow
common law
marriage?
34

35. Marriage, Step 3
Do any
nearby states
allow
common law
marriage?
COLORADO
MONTANA
IOWA
KANSAS
OKLAHOMA
UTAH
TEXAS
35

36. Marriage, Step 3
Get a marriage license
36

37. Marriage, Step 3
Get a marriage license
Three types of marriage licenses in California:
1.Public Marriage License
2.Confidential Marriage License
3.Non-denominational Marriage License
37

38. Public Marriage License
a) Valid for 90 days—you must be married within 90 days
38

39. Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone can buy a copy
39

40. Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone can buy a copy
c) Can be used to get married anywhere in CA
40

41. Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone can buy a copy
c) Can be used to get married anywhere in CA
d) One witness of ceremony is required
41

42. Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone can buy a copy
c) Can be used to get married anywhere in CA
d) One witness of ceremony is required
e) $83.00 in Sacramento County
42

43. Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone can buy a copy
c) Can be used to get married anywhere in CA
d) One witness of ceremony is required
e) $83.00 in Sacramento County
f) Both parties must be 18+ years old OR have parental
consent, counseling and Superior Court approval.
43

44. Confidential Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is NOT open to the public
c) Must be married in the county where license issued
d) No witness of ceremony is required
e) $95.00 in Sacramento County
f) Both parties must be 18+ years old
g) Couple must be living together as a married couple
44

45. Non-denominational Marriage License
A Public Marriage License for religious societies that do not
have a person designated to perform marriage
ceremonies (no priest, rabbi, or minister).
45

46. Marriage, Step 3
Get a marriage license
(a) Fill out online Application
for Marriage License
https://shadow.saccounty.net/marriage/mrglicense.asp
46

47. Marriage, Step 3
Get a marriage license
(b) Both the future
bride and groom must
go together to the
county clerk’s office to
get the marriage
license.
47

48. Marriage—Step 4
Have a ceremony.
Sign the marriage license.
Witness signs too.
48

49. Marriage—Step 4
The person
performing the
ceremony mails
the marriage
license back to
the county
clerk’s office.
49

50. Family Relationships
50

51. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
51

52. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
52

53. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
siblings
53

54. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
54

55. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
cousins
55

56. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
56

57. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
second cousins
57

58. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
58

59. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
third cousins
59

60. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
60

61. Handout
61

62. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
Joe is my…
62

63. Joe is my… brotherTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
63

64. Alice is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
64

65. Alice is my… motherTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
65

66. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
Kim is my…
66

67. Kim is my… daughterTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
67

68. Al is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
68

69. Al is my… nephewTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
69

70. Ann is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
70

71. Ann is my… sister-in-lawTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
71

72. Ron is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
72

73. Ron is my… grandsonTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
73

74. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
74

75. Ann is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
75

76. Ann is my… auntTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
76

77. Dave is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
77

78. Dave is my… uncleTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
78

79. Tim is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
79

80. Tim is my… cousinTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
80

81. Uma is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
81

82. Uma is my… 1st cousin
once removed
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
82

83. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
83

84. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
84

85. Uma is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
85

86. Uma is my… second cousinTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
86

87. Mary is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
87

88. Mary is my… grandmotherTom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
88

89. Joe is my… Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
89

90. Joe is my… great uncle
(grand uncle)
Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
90

91. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
Joan is my…
91

92. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
Joan is my… second cousin
once removed
92

93. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
93

94. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
Joan is my…
94

95. Tom Alice
Jim Mary Dave Joe Ann
Zoe Paul Bob Kim Al Tim Amy
Jill Ron Ruth John Andy Uma Bill
Jan Joan
Joan is my… third cousin
95

96. Handout
96

97. Family Law--Marriage
97

98. Family Law--Marriage
• You cannot marry someone who is related to
you by blood.
• This is called “related by consanguinity”
98

99. 99

100. What crime is committed if a person
marries two wives?
100

101. What crime is committed if a person
marries two wives?
Bigamy
101

102. What piece of paper allows a man and
woman to get married in California?
102

103. What piece of paper allows a man and
woman to get married in California?
Marriage License
103

104. done!
104

105. Marriage is a contract
105

106. Marriage is a contract
• The contract comes in to existence when the
couple is engaged.
• The contract is executed when the couple is
married.
106

107. Married people have duties
107

108. Married people have duties
• The duty to provide mutual respect
• The duty to be faithful
• The duty to provide support
• A fiduciary duty to treat financial
responsibilities with the highest good faith,
confidentiality, and fair dealing
(California Family Code 720 and 721)
108

109. Married people have rights
109

110. Married people have rights
• The right to be supported when necessary
• The right to file a joint tax return
• The right to inherit from a deceased spouse
• The right to retain property if the marriage
ends
• The right to money to continue one’s standard
of living if the marriage ends
110

111. 111

112. Can people of the same sex get
married in California?
112

113. Can people of the same sex get
married in California?
113

114. Can you get a marriage license through
the mail?
114

115. Can you get a marriage license through
the mail?
No, the future bride
and groom have to
pick up the marriage
license in person
115

116. Where can you go to pick up your
marriage license?
116

117. Where can you go to pick up your
marriage license?
County Clerk’s
office
117

118. done!
118

119. Property owned by married people
119

120. Property owned by married people
Equitable
Distribution
states
Community
Property
states
120

121. Community property state
All property is owned 50/50 by both spouses no
matter which spouse really “earned” it.
If property needs to be divided between
spouses, each spouse gets 50/50. Just do the
math.
121

122. California
Is a “Community Property” state
Requires a marriage license and a ceremony
Does not allow same sex marriage
122

123. California
Is a “Community Property” state
Requires a marriage license and a ceremony
Does not allow same sex marriage
123

124. California
Is a “Community Property” state
Requires a marriage license and a ceremony
Allows same sex marriage
124

125. Nine states are “Community Property” states
All other states are “Equitable Distribution” states
125

126. Community Property states
Washington
Idaho
Nevada
California
Arizona
New Mexico
Texas
Louisiana
Wisconsin
126

127. Property owned by married people
Equitable
Distribution
states
Community
Property
states
127

128. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
128

129. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
Earning power of the spouses
129

130. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
Age and relative health of the
spouses
130

131. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
One spouse having done the
work to acquire the property
131

132. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
Economic fault of one spouse in
wasting and dissipating marital
property
132

133. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
Duration of the marriage
133

134. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
The responsibility for providing
for children of the marriage
134

135. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
Spousal abuse or marital
infidelity (to penalize the
offending spouse).
135

136. 136

137. How are a public marriage license and a
confidential marriage license the same?
137

138. How are a public marriage license and a
confidential marriage license the same?
Both are good for
90 days
138

139. What does “related by
consanguinity” mean?
139

140. What does “related by
consanguinity” mean?
Related by blood
140

141. done!
141

142. Property owned by married
people in California
142

143. Property owned by married
people in California
Separate
property
Community
property
143

144. Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receive while married
• Money earned while living “separate and apart”
144

145. Separate property
• Things that you owned before you were married
145
Sarah owned a car
before she got
married.
The car is Sarah’s
separate property.

146. Separate property
• Things that you owned before you were married
• Things you inherit from your family
146

147. Separate property
• Things that you owned before you were married
• Things you inherit from your family
147
Kelly is married but when her
dad died, Kelly inherited her
dad’s dog.
The dog is Kelly’s separate
property.

148. Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receive while married
148

149. Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receive while married
149
Janet received a ruby
necklace from her
husband for Christmas.
The necklace is Janet’s
separate property.

150. Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receive while married
• Money earned while living “separate and apart”
150

151. Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receive while married
• Money earned while living “separate and apart”
151
Kaitlyn left her husband and moved
into her mother’s house while waiting
for her divorce to be finalized.
The money Kaitlyn earns at Target is
now her separate property.

152. Community property
152

153. Community property
Except for separate property, all property that
married people accumulate.
153

154. Community property
Except for separate property, all property that
married people accumulate.
154
Tom and Lena,
a married couple,
bought a house.
The house is
community property.

155. Community property
Except for separate property, all property that
married people accumulate.
155
Jim and Ruth
ran up $8,000 in
credit card debt while
married.
The debt is
community property.

156. Community property
Except for separate property, all property that
married people accumulate.
156
Lisa and Hunter, a married couple,
bought a refrigerator.
The refrigerator is community property.

157. Property can be transmuted
Separate
property
Community
property
157

158. Property can be transmuted
Separate
property
Community
property
158
You can change your separate property into
community property if you want to.

159. Property can be transmuted
Separate
property
Community
property
159
Nancy, who owned a
house before she
married Todd, had his
name added to the
ownership papers.

160. 160

161. My fiancé and I want to get married on a
mountaintop near Lake Tahoe. Can we get
a marriage license in Sacramento?
161

162. My fiancé and I want to get married on a
mountaintop near Lake Tahoe. Can we get
a marriage license in Sacramento?
You can get a
public marriage license
for Lake Tahoe, but not a
confidential marriage license.
162

163. done!
163

164. Premarital agreement
Future bride and groom
write up a paper to
decide how their
property will be
divided in case of…
well… just in case.
164

165. Premarital agreement
• Must be in writing.
• Must be signed by
both future bride and
groom
• Becomes effective
upon marriage.
• Can be changed (in
writing).
165

166. Things that might be mentioned in a
premarital agreement:
• What should happen to personal or real
property upon separation, marital dissolution,
death, or the occurrence or nonoccurrence of
any other event.
• If children are brought into a new marriage, a
premarital agreement may prevent all
property from passing to the spouse upon
death to prevent disinheriting the kids.
166

167. Premarital Agreement
167 of 245
If Linda, who has three children, marries Darrin
and later dies, all she owns will go to Darrin
and her children may be left with nothing.
Linda might consider a premarital agreement.

168. 168

169. What do you call a state that
allows people to be married
without a license or a ceremony?
169

170. What do you call a state that
allows people to be married
without a license or a ceremony?
Common Law State
170

171. Where are most of the states that
allow same sex marriage?
171

172. NY
Where are most of the states that
allow same sex marriage?
in New England MAINE
172

173. Give me an example of what
“separate property”
might be.
173

174. Which do you think is better: a
community property state or an
equitable distribution state?
Why?
174

175. done!
175

176. Ending a marriage
176

177. Ending a marriage
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide child custody
4. Set a dollar amount for child support
5. Set a dollar amount for spousal support
177

178. Ending a marriage agenda:
Here’s what we’ll learn about…
1. Legal separation
2. Death
3. Annulment
4. Dissolution
178

179. You can end a marriage
without ending it.
179

180. Ending a marriage without ending it:
Legal Separation
180

181. Legal Separation
• Ends the community property
relationship to your spouse.
• Let’s you both go your separate
financial ways.
• But you are both still married…
181

182. Legal Separation
Just like a divorce…
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide child custody
4. Set a dollar amount for child support
5. Set a dollar amount for spousal support
but you remain married.
182

183. Legal Separation
If you remain
married, why
would anyone
want a legal
separation?
183

184. Reasons for a legal separation
184

185. Reasons for a legal separation
Religious reasons
It may be against a
spouse’s religion to
divorce.
185

186. Reasons for a legal separation
Financial reasons
A sick husband may
want to stay married
to stay on his wife’s
medical insurance
plan.
186

187. Reasons for a legal separation
Government Benefits reasons
Staying married for 10 years allows a spouse to
receive Social Security benefits
187

188. Reasons for a legal separation
Residency problem reasons
Legal separation does
not require you to live
in California.
(Dissolution requires
you to live in California
for at least six months.)
188

189. Reasons for a legal separation
Reconcile reasons
A spouse may need time
to decide if dissolution
is the right thing to do.
Meanwhile, a legal
separation keeps them
safe from financial
entanglements.
189

190. People who are legally separated
cannot marry anyone else.
190

191. People who are legally separated
cannot marry anyone else.
(They are still married.)
191

192. 192

193. Does California allow
“Legal Separation”?
193

194. Does California allow
“Legal Separation”?
Yes, of course!
194

195. Is California a community property
state or an equitable distribution
state?
195

196. Is California a community property
state or an equitable distribution
state?
Community
property state
196

197. done!
197

198. Ending a marriage
Three ways to end a California marriage:
–Death of a spouse
–Annulment
–Dissolution
California Family Code, section 310
198

199. Ending a marriage
Three ways to end a California marriage:
–Death of a spouse
–Annulment
–Dissolution
California Family Code, section 310
199

200. Death of a spouse ends a marriage
(You can’t be married to someone
who is not living.)
200

201. Death of a spouse ends a marriage
Property of the deceased spouse
passes to the living spouse
201

202. 202

203. You are married. Your mother
gives you $50 for your birthday. Is
this money community property?
203

204. You are married. Your mother
gives you $50 for your birthday. Is
this money community property?
No, gifts are
separate property
204

205. done!
205

206. Ending a marriage
Three ways to end a California marriage:
–Death of a spouse
–Annulment
–Dissolution
California Family Code, section 310
206

207. Annulment
Marriage declared not to have ever happened.
The process of declaring that a marriage never
happened is called an “annulment“.
Annulments are very rare.
Annulments are very rare.
Annulments are very rare.
Annulments are very rare.
Annulments are very rare.
Annulments are very rare. 207

208. Annulment
You are asking a judge to:
1. Declare your marriage void.
2. Divide your community property
3. Decide who will pay community debts
4. Decide child custody
5. Set a dollar amount for child support
6. Set a dollar amount for spousal support
208

209. Reasons for an annulment
Polygamy
I discovered that she was still married to Bill
when we got married. I want an annulment.
Annulments are very rare.
209

210. Reasons for an annulment
Consanguinity
We discovered that we are aunt and nephew.
I want an annulment.
Annulments are very rare.
210

211. Reasons for an annulment
Under Age
I’m really only 17 years old. I want an annulment.
Annulments are very rare.
211

212. Reasons for an annulment
Fraud
She told me she could have children but after
we were married she admitted that she can’t.
I want an annulment.
Annulments are very rare.
212

213. Reasons for an annulment
Fraud
He only wanted to marry me to get a green card
and live in the United States. I want an
annulment.
Annulments are very rare.
213

214. Reasons for an annulment
Force
I was kidnapped or in some other way
unreasonably forced to marry him. I want an
annulment.
Annulments are very rare.
214

215. Reasons for an annulment
Unsound mind
I was drunk or otherwise unable to understand
what I was doing. I want an annulment.
Annulments are very rare.
215

216. 216

217. You are legally separated. Your
husband still has your joint credit
card. He purchases $3000 of junk
on E-Bay. Do you have to pay half
the bill?
217

218. You are legally separated. Your
husband still has your joint credit
card. He purchases $3000 of junk
on E-Bay. Do you have to pay half
the bill?
No 218

219. You are married but your husband
has moved out of the house. He
still has your joint credit card. He
purchases $3000 of junk on E-Bay.
Do you have to pay half the bill?
219

220. You are married but your husband
has moved out of the house. He
still has your joint credit card. He
purchases $3000 of junk on E-Bay.
Do you have to pay half the bill?
Yes 220

221. What is a
“common law marriage”?
221

222. What is a
“common law marriage”?
Marriage without a
marriage license or a
ceremony
222

223. done!
223

224. Ending a marriage
Three ways to end a California marriage:
–Death of a spouse
–Annulment
–Dissolution
California Family Code, section 310
224

225. Dissolution
California does not have “divorce”
California has “dissolution”
Your marriage “dissolves”
225

226. Dissolution
In an argument, though, it just doesn’t
have the same effect to yell…
226

227. Dissolution
In an argument, though, it just doesn’t
have the same effect to yell…
“I want a dissolution!”
227

228. Dissolution
If your spouse wants a dissolution, you
can’t stop them.
228

229. Dissolution
If your spouse wants a dissolution, you
can’t stop them.
California will not force anyone to stay
married if they don’t want to.
229

230. Dissolution
If you can’t stop a dissolution, why do
spouse’s fight about it?
230

231. Dissolution
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide child custody
4. Set a dollar amount for child support
5. Set a dollar amount for spousal support
231

232. Dissolution
California is a “no-fault” divorce state.
You do not need a reason to justify
asking for a dissolution.
232

233. Reason for Dissolution
Everyone must use the same reason for
asking for a dissolution in California…
233

234. Reason for Dissolution
Everyone must use the same reason for
asking for a dissolution in California…
“Irreconcilable differences”
234

235. Reason for Dissolution
You can just skip the entire “Grounds for
Divorce” section of Chapter 26 on pages
380-385.
“Grounds for Divorce” means “Reasons for
Divorce”—we don’t have any except…
235

236. Reason for Dissolution
You can just skip the entire “Grounds for
Divorce” section of Chapter 26 on pages
380-385.
“Irreconcilable differences”
“Grounds for Divorce” means “Reasons for
Divorce”—we don’t have any except…
236

237. 237

238. How many months do you have to
live in California before you can get
married in California?
238

239. How many months do you have to
live in California before you can get
married in California?
Zero months.
(California has no
marriage residency requirement.)
239

240. done!
240

241. Dissolution Residency Requirements
You must have lived in:
1. California for the last 6 months
2. The county in which you plan to file
for the last 3 months
241

242. Dissolution
Get papers to start the dissolution
process and submit them to the
county’s Superior court.
242

243. Dissolution
Petitioner
The spouse
asking for a
dissolution
Respondent
The spouse
replying to the
request
243

244. Dissolution
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide child custody
4. Set a dollar amount for child support
5. Set a dollar amount for spousal support
244

245. Spousal Support
Money that one ex-spouse pays to
the other ex-spouse to help
“maintain one’s style of living”
for a time after a dissolution.
245

246. Spousal Support
Money that one ex-spouse pays to
the other ex-spouse to help
“maintain one’s style of living”
for a time after a dissolution.
“Alimony”
246

247. Spousal Support
Judges are not required to order
alimony in a dissolution.
247

248. Spousal Support Money
Payer
Does NOT count as
income for income
tax
Payee
Counts as income
for income tax
248

249. Child Support Money
Payer
Counts as income
for income tax
Payee
Does not count as
income for income
tax
249

250. Dissolution
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide child custody
4. Set a dollar amount for child support
5. Set a dollar amount for spousal support
250

251. Please don’t use the “v” word…
• Sometimes a child lives with their mother and
sometimes they live with their father.
251

252. Please don’t use the “v” word…
• Sometimes a child lives with their mother and
sometimes they live with their father.
• Even if you live with your father for a few
hours a week, you’re still living with him.
252

253. Please don’t use the “v” word…
• Sometimes a child lives with their mother and
sometimes they live with their father.
• Even if you live with your father for a few
hours a week, you’re still living with him.
• You are not “v****ing” him.
253

254. Please don’t use the “v” word…
• Sometimes a child lives with their mother and
sometimes they live with their father.
• Even if you live with your father for a few
hours a week, you’re still living with him.
• You are not “v****ing” him.
• Please don’t use the “v” word. It’s insulting.
254

255. 255

256. What or who is a “petitioner”?
256

257. What or who is a “petitioner”?
The person seeking a
dissolution
257

258. done!
258

259. Review
Legal Separation
Annulment
Dissolution
259

260. 260