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:
Frequently asked questions
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.
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.
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