» Annulments are Preferred Over Divorce in California if You Qualify

Annulments are Preferred Over Divorce in California if You Qualify

An annulment wipes out your marriage off the books, as if it never happened or existed. It is a legal proceeding declaring the marriage null and void.

Orange County, CA (Law Firm Newswire) December 22, 2010 - There are certain requirements and criteria that need to be proven and obtained in order to get an annulment. The validity of a marriage before and during the marriage is a key factor. The question that needs to be asked is, was it a true marriage? Each state is different in what they would consider grounds for an annulment and what is permissible. The couple must go to a hearing and appear before a family court judge, who will grant the annulment.

A civil annulment is through the state and government and a religious annulment is through religious institutions with their own rites and passages. They exist separately. A religious annulment does not wipe out the marriage legally and vice versa. People who want both types of annulments will need to apply for both separately.

In the state of California, the main criteria for couples seeking for an annulment are fraud, marriage by force, bigamy, incest, physical or mental capacity and age.

An annulment on the grounds of fraud is based upon misrepresentation or information concealed by a spouse. These can include an array of situations such as not disclosing criminal record, having sexual relations with another, having an existing pregnancy, sterility or impotence, or marrying solely just to get a green card.

“It is recommended that anyone seeking or delaying an annulment to seek the advice of a competent lawyer to determine what constitutes grounds for an annulment because situations can be various and unique,” said Gerald A. Maggio, an Orange County divorce attorney.

Marriage by force (usually through coercion or threats), physical or mental incapacitation at the time of the marriage, under the age of 18 status, and marriages that are incestuous are all major grounds for annulments.

“In addition,” Maggio said, “children born of the marriage are not considered illegitimate after an annulment. Custody and child support applies the same as they would in a divorce.”

To learn more about the Maggio Law Firm, or to contact an Orange County Divorce Lawyer, visit http://www.maggiolawfirm.com.

The Maggio Law Firm
38 Corporate Park
Irvine, CA 92606-5105
Call: (949) 553-0304

  • Changing from Legal Separation to Divorce in California
    The terms “divorce” and “legal separation” are distinctly different. Legal separation does not mean the dissolution of marriage while divorce means the end of a marriage. After a divorce, couples can go back to their single status. Legal separation means the couples are still married but do not stay together. There are many reasons why […]
  • How A Lawyer Can Help Protect Your Assets During A Divorce
    A lawyer plays a pivotal role during divorce. A good lawyer will not only help you with legal matters but will also advise you to take the right steps. If you are going through a divorce, then the first thing to do would be to find yourself a good divorce lawyer. One of the important […]
  • Can Dating or Cohabiting Ahead of Divorce Affect Child Custody?
    Some argue that to give yourself the best chances of retaining the custody rights of your child/ children or at least enjoy visitation rights equal to your ex-spouse, it is better to avoid dating or cohabiting before the divorce settlements are finalized. How far is it true? This post aims to analyze that. Give your […]

See other news sources publishing this article. BETA | Tags: , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required