Marital status is one of the most important issues in any San Diego divorce, legal separation, or annulment case. Whether you are married, single, divorced, legally separated, widowed, or your marriage was annulled, your status directly affects how your case is handled in a California family law court. Understanding the rules around marital status divorce in San Diego can protect your legal rights and prevent costly mistakes down the road.
At Doppelt and Forney, APLC, our San Diego family law attorneys can help you understand how your marital status affects your case and what steps you need to take to protect yourself.
Why Marital Status Matters in a San Diego Family Law Case
In a San Diego divorce, legal separation, or annulment case, there must be a valid marriage for the court to have jurisdiction. All legal formalities must be met. However, there is one important exception to this rule: the putative spouse.
What Is a Putative Spouse?
A putative spouse is someone who entered a voidable marriage in the good faith belief that the marriage was valid. They lived as husband and wife and held themselves out as married to the general public. This is codified under Section 225 of the California Family Law Code. In a putative marriage, the court treats the parties as if they were legally married when issuing orders.
How San Diego Courts Recognize Foreign Marriages and Divorces
San Diego courts, including those in El Cajon, Vista, and Chula Vista, recognize marriages that are legally valid in other countries. Foreign divorces are also recognized. Some countries do not permit divorce, such as the Philippines. A spouse married in the Philippines will still have their marriage recognized in San Diego.
However, if the residency requirement is met, the spouse can still petition for a marital status divorce in San Diego. The requirements are six months of residence in the State of California and four months of residence in San Diego County. The court will process the divorce even if the law in the other country would prohibit it.
San Diego also has a procedure for a confidential marriage. This process is technical. The County Clerk's Office has additional information, and clerks are available at courthouses in El Cajon, Chula Vista, San Diego, and Vista. Consulting a San Diego family law attorney before pursuing this option is strongly recommended.
Understanding Single, Divorced, and Annulled Status in California
Single Status
A single person is one who is not currently married. This includes people who have never married, people who are divorced, and people who are widowed. In California, a valid marriage must take place between two consenting adults. Persons of the same sex may register as domestic partners in California, though this is treated differently from marriage under state law.
Annulment
A single person may also have had a previous marriage annulled. Annulment is rare and is only available in very limited circumstances. Grounds for annulment may include a spouse who was already married at the time of the ceremony, fraud related to procreation or impotency, or other specific facts outlined in the California Family Law Code.
Annulments are disfavored under California law. San Diego courts favor marriage. If you believe your marriage may not have been valid, speak with one of our San Diego divorce attorneys to discuss whether annulment applies to your situation.
Status Only Judgments and Bifurcation in San Diego Divorce Cases
What Is a Status Only Judgment?
There are situations where one spouse wants to restore their single status before all other issues in the divorce are resolved. Issues such as child custody, child support, spousal support, and division of assets and debts can sometimes take longer to resolve.
In San Diego, a party to a dissolution is eligible for a status only judgment once six months have passed since the date of service or the date of response. This six-month waiting period is mandatory and cannot be shortened. For a legal separation, however, there is no six-month waiting period for a judgment to be entered.
Requirements for Bifurcation
Bifurcation is the legal process of separating the termination of marital status from the remaining unresolved issues in a divorce. Several requirements must be met before bifurcation can be granted. These include:
- Both parties must exchange their preliminary declarations of disclosure
- Proof of service of the disclosures must be filed with the court
- The requesting party must hold the other party harmless from any taxes that would not have been owed if the parties had remained married
- Pension plans typically must be joined as a third party to the proceedings
A joinder is a legal proceeding in which a third party, such as a pension plan administrator, is made a party to the divorce to protect a financial interest. Bifurcations are favored in many San Diego divorce cases when all requirements are properly met.
This process is technical and requires careful attention to detail. An experienced San Diego family law attorney should be consulted to make sure every requirement is satisfied.
The Risks of Assuming You Are Divorced When You Are Not
One of the most serious mistakes a person can make is assuming they are legally divorced when they are not. This happens more often than most people realize. A party may believe the divorce is finalized, remarry, and start a new family, only to discover later that the original divorce was never properly completed.
This creates significant legal complications in family law, estate planning, and probate. If one spouse dies while still legally married to their former spouse, serious issues can arise regarding inheritance, benefits, and the rights of a new family. These problems can be avoided entirely with proper legal guidance.
Do not put yourself in a position where you believe you are divorced when you are not. Let our team guide you through the process correctly from the start.
Areas We Serve
Doppelt and Forney, APLC proudly serves military families, individuals, and families throughout San Diego County. No matter where you are located, our experienced San Diego family law attorneys are ready to help you navigate your divorce, custody, or support matter.
We serve clients across all areas of San Diego County, including:
- North County Inland — including Escondido, San Marcos, Fallbrook, and Ramona
- North County Coastal — including Carlsbad, Oceanside, Encinitas, and Del Mar
- Central San Diego — including Mission Valley, La Jolla, and Point Loma
- Metro San Diego — including downtown San Diego, Hillcrest, and Coronado
- East County — including El Cajon, La Mesa, Santee, and Alpine
- South County — including Chula Vista, National City, and Imperial Beach
Not sure which area applies to you? Contact us today and we will point you in the right direction.
Speak With a San Diego Marital Status Attorney Today
Marital status issues in a San Diego divorce can be more complicated than they appear. From foreign marriages to bifurcation requirements to the risks of an incomplete divorce, the details matter enormously.
Doppelt and Forney, APLC has been helping San Diego residents navigate divorce and family law matters for over 30 years. We offer professional, competent legal advice tailored to your specific situation.
Contact us today to schedule a free 30-minute virtual or in-person consultation with an experienced San Diego family law attorney.
Roy M. Doppelt
Partner
For nearly 30 years, San Diego family law attorney Roy M. Doppelt, Esq. has been providing clients in Southern California with comprehensive legal services. He is currently an active member of the California and San Diego Bar Associations, and he is admitted to practice law in both California and Illinois state courts, as well as the Federal District Court for the Southern District of California.
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