A marriage or domestic partnership can be terminated by nullity proceedings.  Petitioning for a judgment of nullity should be considered only where the validity of the marriage is in doubt.  A marriage can be invalid from its inception because of irregularities in statutory formalization procedure including license, solemnization and authentication, or because of other legal impediments (for example already being married).

Some marriages are voidable rather than void, for example because of minority, fraud or force.  A voidable marriage is valid until and until it is decided that it is a nullity, and it may be terminated by a judgment of dissolution unless the party entitled to have it annulled raises the issue of nullity.  It is important to seek counsel to advise which method is best under the circumstances because there are several disadvantages.

The disadvantages include:

(1)    Proving the Grounds – proving the grounds for a voidable marriage are likely to be more difficult and costly to prove.  There also may be statute of limitation issues preventing you from a nullity.

(2)    Role of Fault – issues of innocence or fault are very important in a nullity proceeding on the questions of support and attorney fees as well as marital property rights.

(3)    Marital Property Rights – even though parties to an invalid marriage have no community property, property acquired during the void or voidable marriage may be deemed quasi-marital property if putative spouse has been established.

(4)    Appearance Required – A judgment for nullity requires an appearance and testimony.

Since there are many disadvantages to a nullity proceeding it is important to consult with a knowledgeable family law attorney to make sure you are making the right decision. Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a family law, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a family law case, call us today at 1-888-749-7428 for a consultation