CALIFORNIA DIVORCE LAW
EXPLAINED BY AN OAKLAND DIVORCE ATTORNEY

DIVORCE
A marriage can be terminated in three ways: dissolution ("divorce"), separation, or nullity. A legal separation (which is different than the “date of separation”) has the same effect as a divorce except the parties are unable to remarry. Nullity is rare:  the couple must show that their marriage was void or voidable for reasons such as bigamy or fraud.

California is a “no fault” divorce state. That is, divorce can be granted based on irreconcilable differences and there is no need to show fault (for example, adultery or cruelty).  If one party wants a divorce, he or she is entitled to it even if the other party opposes it.
 
California is a community property state.  That means that property acquired during marriage, with some exceptions, belongs to the “community,” to which each spouse is entitled to half. If the couple has signed a premarital agreement, that can limit the creation of community property. 

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