Interested in Obtaining an Annulment Rather Than Divorcing?
by: JonD.Alexander,Esq. |
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In Orange County, California, you may terminate your marriage using three legal remedies.
(1) Marital Dissolution; (2) Nullity; or (3) Legal Separation.
Are you a candidate for termination via nullity? Perhaps, but this remedy should only be sought where the validity of the marriage is in doubt. The difference between nullity of a marriage and martial dissolution is that they are based on opposing assumptions.
A marital dissolution action is used to terminate an otherwise valid marriage on grounds that arise after marriage. On the other hand, a nullity is pursued because the petitioner (the filing party) believes that at the time of the marriage, no valid marriage ever occurred.
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.
Even if a nullity is an option keep in mind that there are some disadvantages of a nullity proceeding, including but not limited to the following. Proving grounds for a judgment of nullity are likely to be more difficult and costly to prove. The party seeking a judgment of nullity may also have to overcome statutes of limitations hurdles. Fault play no role in a marriage dissolution proceeding. In a nullity proceeding, however, issues of innocence or fault are very important for questions of support and an attorney fees and costs award, as well as determining marital (quasi-marital) property rights.
Parties to an invalid marriage do not have community property rights. Rather, the property acquired during void or voidable marriage that would have otherwise been community property is deemed quasi-community property. And it divided up in much the same way as community property. But, and this is an important but. Property is deemed Quasi-community property only when Putative Spouse status is proved. This means that the spouse asserting that the property be deemed Quasi-Community Property must prove that he/she was innocent and that he/she had a good faith belief that the marriage was 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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