Practice Areas
Legal Separation & Annulments in San Diego
Not every marriage ends in divorce. For some couples, legal separation or annulment offers a more suitable path forward. At The Law Offices of Beatrice L. Snider, APC, our attorneys bring over four decades of focused family law experience to help you understand your options, protect your rights, and take the next step—on your terms.
We understand that these decisions aren’t just legal—they’re deeply personal. That’s why we offer honest guidance and strategic support tailored to your circumstances.
What Is Legal Separation in California?
Legal separation allows married couples to formally separate without terminating the marriage. It’s often chosen for religious reasons, financial considerations, or when divorce isn’t the right option—at least not yet.
While spouses remain legally married, a legal separation includes court orders for:
- Property division
- Child custody and visitation
- Child support
- Spousal support
It’s a structured way to untangle finances and responsibilities without ending the marriage itself. In California, the process is similar to divorce in terms of paperwork and court involvement, but there’s no six-month waiting period, which can speed up resolution.
What Is an Annulment?
An annulment, or “nullity of marriage,” is a legal declaration that a marriage was never valid in the first place. If granted, it’s as if the marriage never happened in the eyes of the law.
Common legal grounds for annulment in California include:
- Fraud or deceit at the time of marriage
- Force or coercion
- One party was already married (bigamy)
- One or both parties lacked the capacity to consent
- One or both were underage and didn’t have legal consent
Each case must meet specific legal standards, and unlike divorce, you’ll need to prove your grounds in court.
Legal Separation vs. Annulment vs. Divorce: What’s the Difference?
Although legal separation, annulment, and divorce all deal with the end or modification of a marital relationship, each carries very different legal implications.
A legal separation allows spouses to live separately and resolve important issues like custody, property division, and support—without formally ending the marriage. This option is often chosen for religious or financial reasons, or when couples aren’t emotionally ready to divorce. Importantly, legally separated spouses cannot remarry unless they obtain a divorce or annulment later.
An annulment, on the other hand, declares that a marriage was never legally valid to begin with. Grounds for annulment in California include situations involving fraud, coercion, bigamy, mental incapacity, or one party being underage. If the court grants an annulment, it’s as if the marriage never existed. Because of an added burden of providing proof of factual grounds and strict filing timelines, annulments are less common and can be more complex to pursue.
A divorce is the formal legal dissolution of a valid marriage. California follows a “no-fault” approach, meaning either spouse can file for divorce without proving wrongdoing. Divorce fully terminates the marital relationship and allows both individuals to remarry once the process is complete.
Ultimately, the right choice depends on your specific circumstances. If you’re unsure which option fits your situation best, our legal separation and annulment attorneys at The Law Offices of Beatrice L. Snider, APC can provide guidance tailored to your goals and legal standing.
Aspect |
Legal Separation |
Annulment |
Divorce |
|---|---|---|---|
|
Marital Status |
Still married |
Marriage declared invalid |
Marriage legally ended |
|
Court Process |
Yes |
Yes |
Yes |
|
Eligibility Requirements |
None (can file anytime) |
Must meet legal grounds |
No-fault process |
|
Spousal Support Possible? |
Yes |
Sometimes |
Yes |
|
Right to Remarry |
No |
Yes (after annulment is granted) |
Yes |
When Legal Separation May Be the Right Choice
Legal separation can offer protection and clarity—especially when divorce feels too final or isn’t possible due to religious beliefs, financial ties, or emotional readiness.
You might consider legal separation if:
- You want to live apart while preserving certain marital benefits (like health insurance or military entitlements)
- You need court-enforced boundaries for parenting and finances
- You’re not yet ready—or do not wish—to legally end the marriage
It allows space while still ensuring both parties are legally protected.
When Annulment May Be the Better Option
If your marriage was fundamentally flawed from the beginning, annulment might be appropriate. People often seek annulments to:
- Protect themselves from deceptive or unlawful marriages
- Avoid financial or legal obligations tied to a marriage that should never have occurred
- Restore a clean legal slate
- Possibly cause a forfeiture of marital rights
Because annulments are harder to obtain than divorces, it’s critical to have a family law attorney evaluate your situation and prepare the necessary evidence.
Our Legal Approach at BLSAPC
At The Law Offices of Beatrice L. Snider, APC, we handle every case with care, discretion, and legal precision. With over 50 years of experience in San Diego family law, our attorneys are known for navigating complex cases with confidence and clarity.
When you work with our team, you can expect:
- Honest insight into whether separation, annulment, or divorce is best for your goals
- Guidance through every step—from petition to final judgment
- Skilled courtroom advocacy, if needed
- Protection of your assets, parental rights, and long-term interests
We know these situations are emotionally difficult. Our goal is to make the legal process less overwhelming—and give you a strong foundation for your next chapter.
What to Expect from the Process
Whether you pursue legal separation or annulment, here’s what the general process looks like:
- Initial Consultation – We review your situation and explain your legal options.
- Petition Filing – We file the appropriate paperwork with the San Diego family court.
- Service of Process – Your spouse is formally served.
- Court Proceedings – Depending on the case, you may attend hearings or mediation.
- Judgment – The court issues final orders or nullifies the marriage.
Each case is unique, and our team ensures you’re fully prepared every step of the way.
FAQs About Legal Separation & Annulments in San Diego
What is the difference between legal separation and divorce in California?
How do I get a legal separation in San Diego?
How long does legal separation take in California?
What are valid grounds for an annulment in California?
Is there a time limit to file for an annulment in California?
Can I get spousal support after a legal separation?
Do I need to go to court for an annulment?
Can I remarry after a legal separation?
Is legal separation a good alternative to divorce?
How much does it cost to file for legal separation or annulment in San Diego?
Talk to a Family Law Lawyer in San Diego
If you’re considering a legal separation or annulment, having the right legal guidance makes all the difference. The Law Offices of Beatrice L. Snider, APC offers trusted, experienced representation for individuals in San Diego navigating these challenging transitions.
Schedule a consultation today to learn your options and start planning your next step with confidence.
Practice Areas
- Child Custody & Child Sharing
- Child Support law
- Divorce law
- Legal Separation & Annulments
- Domestic Violence
- Grandparent & Stepparent Rights
- Mediation
- Spousal Support
- Same Sex Domestic Partnership
- Relocation / Move Away Issues
- Paternity
- High Asset Divorces
- Enforcement Of Court Orders
- Prenuptial & Postnuptial Agreement
Office Address
Our Office Location
Law Offices of Beatrice L. Snider, APC
San Diego Divorce Attorney
9663 Tierra Grande. Suite 301
San Diego. CA 92126
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