“A marriage may be legally dissolved in California, restoring spouses to ‘single’ status only by (a) death of one of the parties; (b) a judgment of marriage dissolution; or (c) a judgment of nullity of marriage. Alternatively, marital rights and financial responsibilities may be adjudicated without dissolving the marriage in a proceeding for legal separation.”
“Although the grounds for a judgment of nullity might also be the basis of irreconcilable differences and thus support a dissolution judgment, the two remedies are not generally interchangeable. Petitioning for a judgment of nullity (rather than marriage dissolution) should be considered only where the validity of the marriage is in doubt. This is because marital dissolution and nullity of a marriage are premised on contradictory assumptions: A dissolution action is maintained to terminate a valid marriage on grounds arising after the marriage. Conversely, a nullity proceeding is maintained on the theory that, for reasons existing at the time of the marriage, no valid marriage ever occurred (i.e., the marriage, from its inception, is either void or voidable). In other words, whereas a dissolution action seeks to terminate marital status, a nullity action seeks to inquire whether any such status ever existed.”
“A marriage dissolution or legal separation can be obtained in California only on grounds of irreconcilable differences or permanent legal incapacity to make decisions. Invariably, a marriage dissolution or legal separation is sought on the ground of ‘irreconcilable differences, which have caused the irremediable breakdown of the marriage.’ The irreconcilable differences ground is purposely broad. It is intended to represent the actual reasons underlying marital breakdowns and at the same time make irrelevant questions of “fault” or misconduct by either party. By the same token, the “irreconcilable differences” determination is more than a “ministerial” function. The court must be convinced, after taking evidence to adjudicate the parties’ subjective mental states, that the marital differences are substantial (as opposed to trivial) and that there appears to be no reasonable possibility of reconciliation.”
[California Practice Guide-Family Law [citations to primary sources omitted]]
