Annulment

A California annulment or “nullity of marriage” occurs when a domestic partnership is legally declared invalid. Such a legal procedure will nullify or void the marriage. To qualify for an annulment you must show that the marriage was either void or voidable when it was initiated. A void marriage is void from the beginning and, technically, never existed. A voidable marriage is valid for all intents and purposes until you obtain the annulment judgment in court.

There are two grounds for a void marriage:

1. Incest: Marriages involving blood relatives being married to each other, like a parent and their child or brothers and sisters, are void due to incest.
2. Bigamy: If someone marries a second time while he or she is married to another individual, the 2nd marriage is void due to bigamy.

Grounds for a voidable marriage include:

1. Bigamy at the time of marriage: Instead of void, a bigamous marriage is considered voidable if, for five successive years prior to the second marriage, the first spouse has been absent and not known to be alive; or if the first spouse was generally believed to be dead.
2. Minority at the time of marriage: when one of the parties was under the age of 18 at the time of marriage, the marriage is considered voidable.
3. Unsound mind at the time of marriage: If one of the parties in the marriage was unable to understand the nature of the marriage contract and all the obligations and rights that come along with it at the time of the marriage, it is considered voidable.
4. Consent to the marriage was obtained by fraud: If one party defrauded the other, as defined as a false representation or a cover up of facts, which alters the very essence of the marriage, it is considered voidable.
5. Consent to the marriage was obtained by force: In these situations only the forced spouse can file a petition and must do so within 4 years from the date of marriage.
6. Physical incapacity: Is defined as the inability to engage in normal copulation. The petition must be filed within 4 years from the date of marriage.

Clearly, the laws regarding an annulment in California can be exceedingly complex. If you are seeking an annulment or nullity of marriage, please contact an experienced and caring Southern California family law attorney at Wallin & Klarich. We can help you through this difficult time and help resolve your issues in a fair and equitable manner while ensuring that your legal rights are protected. Call us today at 1-888-749-7428 for a free consultation.

Can I file for Divorce in California If my Spouse Cheats on Me? Should I hire a Divorce Attorney?

A man in New Jersey filing for divorce has accused rock star Bruce Springsteen of having an affair with his wife. Springsteen, who is married with three children, has denied the allegations. In the filing papers, the New Jersey man claims that his wife has committed adultery with Springsteen at various times and places too numerous to mention.

Although adultery is grounds for divorce in New Jersey, California is a “no fault” state. The following are the grounds for either dissolution of marriage or legal separation:

• irreconcilable differences
• incurable insanity

However, as an alternative to dissolution or legal separation, you may be eligible for an annulment in California, which involves the weighing of innocence and fault to determine issues of support and property rights. The grounds for voiding a marriage are:

• party’s age at the time of marriage
• prior existing marriage
• unsound mind;
• fraud
• force
• physical incapacity

An experienced Family Law Attorney can assist you in determining the appropriate relief depending on the circumstances of your case. If would like to speak to one of our experienced Los Angeles family law attorneys to discuss your case call us today at 1-888-280-6839, or visit our website at www.wklaw.com for more information.

How Do I Terminate an Invalid Marriage or Domestic Partnership? Do I Need a Divorce Attorney?

In order to adjudge a marriage or domestic partnership invalid, one must petition the court and seek an order for a legal annulment in California based on the allegation that the marriage/domestic partnership is “void” or “voidable.” This area of law is governed under the California Family Code Section 2200 et seq.

A “void” marriage is invalid and a nullity from the beginning. Though technically non-existent, it is still a good idea to seek a judgment of nullity from the family law courts. It will create less future problems and eliminate any doubt as to the marital status.

An invalid marriage from the beginning can be based on several factors ranging from:

• incest
• bigamy
• unlawfully contracted marriage (i.e. no marriage license)

However, as a matter of law and the degree of circumstances, there are certainly exceptions to the rule that can be discussed in detail with an experienced San Diego family law attorney from Wallin & Klarich.

A “voidable” marriage is a valid marriage for all civil purposes until it is adjudged a nullity by the Family Law Courts. The basis for nullifying a “voidable” marriage include:

• a party being of unlawful age to consent
• a prior existing marriage
• unsound mind
• fraud

If you find yourself in these circumstances, seek the advice and representation of a competent and experienced Family Law Attorney from Wallin & Klarich. The skills of an experienced Family Law Attorney in California from Wallin & Klarich will go a long way, and you can make an appointment to speak with one about your case by calling 1-888-280-6839, or you can visit their website at www.wklaw.com for more information.