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Can You Get An Annulment Instead of a Traditional Divorce?

Aug 24, 2008
Legal termination of marriage, in California, happens in one of three ways.

(1) Nullity; (2) Legal Separation; (3) Marital Dissolution.

Is nullity an appropriate remedy for you? Maybe, but this option is only appropriate where the validity of the marriage is not clear. The difference between martial dissolution and annulmnet is that the remedies rely on conflicting assumptions.

A marital dissolution actions terminate otherwise valid marriages on grounds that occur after marriage. However, a nullity is sought because the petitioner thinks that no valid marriage ever occurred because of some defect in the marital process or fraud occured at the time of the marriage.

That is, a nullity action asks a question? Was this marriage a valid marriage from the inception? A court must inquire as to whether the marriage was valid from day one.

So is your marriage valid? A marriage may be invalid from the beginning because of irregularities in the statutory formalization procedures, which are ordinarily obtaining the license, solemnization and authentication. However, it also may be void or voidable because of other legal imperfections including but not limited to incest, bigamy, inducement by fraud or force, or where a party or both parties are under the age of consent at the time of the marriage.

Assuming a nullity is a option, be aware that there are some disadvantages. As the petitioner you have the burden of proof. This can be costly and time consuming. In a typical marital dissolution the proceedings are no fault. However, in a nullity proceeding, fault and issues of innocence are essential and must be proved with evidence.

Parties to an invalid marriage do not have community property rights. But property acquired during the void or voidable marriage, which would have been community property but for the impediment to a valid marriage, may be deemed quasi-marital property and divided in a nullity proceeding as if it were community property. This only happens where ?putative spouse? status is established (this spouse has a good faith belief that the marriage is valid).

Nullity actions do clearly have disadvantages but there are many benefits as well. Will you please visit my site linked below to read about the benefits. And will you also please schedule a free, confidential consultation while you're there. Thank you visit my site now!
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