Annulment Lawyers for Orange County & Los Angeles
An annulment or “nullity of marriage” or “nullity of domestic partnership is a court process by which your marriage or domestic partnership is found not to be valid for certain reasons which are discussed below.
Once your annulment is granted it is like you were ever married or in a domestic partnership because it was not legal.
Your marriage or domestic partnership can be annulled if any of the following apply:
1. Bigamy- If a spouse or domestic partner was married or in a registered domestic partnership with someone else when he or she married you; or
2. Incest- if the parties who are married or in a registered domestic partnership are blood relatives;
3. Your marriage may be invalid if a party was under the age of 18 at the time of the marriage or registered domestic partnership;
4. If either spouse was of “unsound mind” or unable to understand the marriage or domestic relations process and the obligations of entering into the relationship.
5. If the parties married or entered into a registered domestic partnership due to fraud. The fraud required is fraud that goes to the heart of the marriage. For example the parties marry in order to obtain residency or not disclosing that a party is unable to bear children;
6. The parties married or entered a registered domestic partnership due to force;
7. Physical incapacity of a party that prevents the consummation of the marriage or domestic partnership and the incapacity seems to be incurable
8. Prior marriage or domestic partnership where the spouse is absent for a period of 5 years and presumed dead.
If you find yourself in need of an annulment you should consult a divorce attorney because in order for an annulment to be granted you must show the court that you meet one of the criteria listed above. Annulments are different than dissolutions because you must have actual proof of one of the above to show your union was invalid and annulments must be brought within a certain time depending on the criteria you are relying on to show invalidity. There is no statute of limitation for filing a divorce but there is one for filing for annulment.
If an annulment is granted and there are children, then you will need to request that the court establish the parental relationship of the parties for the children of the marriage or domestic partnership.
Obtaining an annulment will also affect any community property rights to assets, debts , pensions and the right to receive partner or spousal support.
It is for this reason that you should consult with an experienced family law attorney about your annulment.
Orange County Annulment Attorney Video
Annulment Lawyers Orange County free Consultation
To schedule your free consultation with our experienced annulment Attorneys in Orange County CA regarding your annulment, please contact the Family Law Offices of Yanez & Associates. Call now, our staff is standing by 24/7. Or if you prefer, use our online contact form located to your right.
The family law offices of Yanez & Associates handle cases in Orange County and Los Angeles County. Here is a list of some of the communities our clients reside in: Anaheim, Brea, Buena Park, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Niguel, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Santa Ana, Stanton, Tustin, Westminster; Yorba Linda.