Annulment Attorneys in Temecula
An annulment voids the marriage, and, in the eyes of the law, the marriage never happened. A short legal marriage is not automatically annulled, and changing one’s mind after a valid marriage is not a basis for an annulment. This action has very specific requirements.
Both a divorce and an annulment can end a marriage, but an annulment makes it as if the marriage never took place. Depending on the specifics of your situation, you must weigh the advantages and disadvantages of each legal procedure.
What is an Annulment of Marriage?
An annulment in California is not the same as a divorce. In most states, an annulled marriage is invalid, so courts cannot award alimony, divide property, or award survivorship rights. Additionally, in California, community property laws do not apply, so it is not possible to receive alimony or share in assets. But, if you were married in good faith and you are still unhappy, you may be able to obtain a divorce based on unsound mind.
Obtaining an annulment vs a divorce in Riverside County, CA
In California, you can obtain an annulment for a marriage instead of a divorce. Annulments are a way to invalidate the marriage and erase it from your history. The two legal processes are quite different. Ultimately, annulments are more beneficial than divorce because they end a marriage and restore a marriage’s validity. However, there are certain considerations that need to be made before deciding between them.
First, consider the statute of limitations. California has a four-year statute of limitations for filing an annulment, but this varies by situation.
For example, if one of the partners was under 18 at the time of the union, the filing date for the annulment is four years from the day of the wedding. If, however, the statute has passed, you may have to consider a divorce or legal separation.
Second, the reasons are many and varied. California courts have set a strict bar on certain grounds for annulment. Incest, bigamy, and cohabitation are considered grounds for annulment, but many other reasons require agreement between the parties.
Obtaining an annulment is more difficult than getting a divorce, but it is possible to end your marriage if you’ve reached an agreement with your partner. You should consult a divorce lawyer / annulment lawyer to ensure the best outcome.
Here are some examples of why a marriage would be annulled:
- Fraud: the parties never intended to live together
- Bigamy: one of the parties was already married
- Fraud: the marriage was only for immigration purposes
- One or both of the spouses were coerced or duped into marrying
- One or both of the spouses were under the age of marriage.
- One spouse hid a severe problem, such as substance abuse or a criminal record
Frequently asked questions
Four years
According to California law, you have four years to seek for annulment if the reasons include physical incapacity, age, or coercion. For example, if one of the parties was under the age of 18 when they entered into the marriage or domestic partnership, they will have four years to seek for annulment.
In California, the following are grounds for annulment: The marriage was forced, fraudulent, or one of the spouses has a physical or mental disability; one of the spouses was legally too young to marry or enter into a domestic partnership; or One of the spouses had previously been married or was in a domestic partnership.
Although infidelity is a popular motive for initiating a case, it is not regarded a grounds for annulment. Infidelity can only be used to obtain a formal separation or to file a lawsuit for concubinage or adultery.
Divorce and annulment are the two legal ways to dissolve a marriage. An annulment renders a marriage null and void, whereas a divorce is filed when both parties recognize the marriage exists.
If you want to leave a marriage, you have two options: divorce or annulment. Although most couples choose divorce, an annulment may be a better alternative for one or both spouses in certain circumstances. An annulment, on the other hand, declares that no lawful marriage ever existed in the first place.
Cost of Annulment in California
If you’re considering an annulment in California, the cost will depend on various factors, including whether you choose to hire an attorney and how complex your case is. In general, an annulment may be less expensive than a divorce, but the cost can still add up quickly.
One of the biggest expenses in an annulment is likely to be legal fees. If you choose to hire an attorney, the cost could range from several hundred dollars to thousands of dollars, depending on the complexity of your case and the amount of time your attorney spends on it.
In addition to legal fees, there may be court filing fees and other associated costs, such as fees for serving the other party with legal documents. The court filing fee for an annulment in California can range from around $400 to $450, depending on the county.
It’s important to note that if you cannot afford the fees associated with an annulment, you may be eligible for a fee waiver. The court may waive your fees if you can show that you have a low income or are receiving public assistance.
Overall, the cost of an annulment in California can vary widely depending on your specific circumstances. It’s important to consult with an attorney to get a better idea of what your costs may be and to explore your options for reducing those costs.
On public record
Both types of dissolution can be costly and time-consuming in the courtroom. And they both begin with one or both spouses filing a formal divorce or annulment petition with the court.
While annulment may seem like an attractive option for those who want to quickly dissolve their marriage, there are limitations to who can qualify for an annulment in California.
First, the grounds for annulment are limited to specific circumstances, such as fraud, force, or incapacity. If the reason for the annulment is something that could have been discovered or addressed before the marriage, such as a previous marriage that was not legally dissolved, the marriage may be voidable instead of eligible for annulment.
Additionally, there are time limitations for filing a petition for annulment. If a party is seeking an annulment based on fraud or force, they have only four years from the time of the marriage to file the petition. If seeking annulment based on incapacity, the time limit is four years from the time the party knew or should have known of the incapacity.
It’s important to note that if a party turns 18 and continues to live with their spouse, they may be considered to have ratified the marriage and may no longer be eligible for annulment. Similarly, if the parties have legally married and have begun to cohabitate, they may not be eligible for annulment even if they have not consummated the marriage.
Navigating the laws surrounding annulment in California can be complex, and it’s important to work with a qualified law office that has experience in family law. An experienced attorney can help you determine whether you qualify for an annulment or if another legal option, such as divorce, is more appropriate for your situation.
If both parties agree to end the marriage without numerous problems or debates about how to do so, either a divorce or an annulment can be simple and inexpensive.
How an annulment lawyer can help
Our family law attorneys / divorce lawyers can walk you through the whole process and support you in the hearing. Our family law firm has extensive experience with cases of annulment in California, making them a perfect partner for you
