San Fernando Annulment Lawyer
Legal Support for Dissolving a Marriage
In some special circumstances, a marriage can be dissolved to such an extent that it is deemed to never have existed in the first place. Rather than going through a divorce or legal separation where an agreement must be made about custody, alimony and property division, an annulment provides parties with an option that effectively nullifies their marriage.
If you would like to find out whether you and your spouse may qualify for an annulment, please take a moment to consult a dedicated San Fernando Valley family law attorney at Cutter & Lax today.
Contact a San Fernando annulment lawyer today to schedule your free consultation! Call us at (818) 839-2533 or reach out online for expert guidance through your annulment process.
What Is an Annulment?
In California, an annulment is a legal declaration by the court that a marriage or domestic partnership was never legally valid. Unlike divorce, which dissolves a valid marriage, an annulment treats the marriage as if it never existed. There are several specific grounds for obtaining an annulment under California law, and the person requesting the annulment must be able to prove that their marriage meets one or more of these grounds.
What are the Most Common Grounds for Annulment?
A judgment allowing the annulment of your marriage is usually an option when the validity of the marriage itself is put into question. For example, a marriage may be annulled because:
- one or both parties were minors at the time of the marriage and did not have the consent of their legal guardians;
- some form of deceit or fraud was involved or if one or both parties were unlawfully forced or threatened into marriage;
- it was an incestuous or bigamous marriage;
- one spouse lied about essential aspects of the marriage, such as their ability to have children, financial status, or their true identity;
- one of the parties was mentally incapable of understanding the nature of the marriage due to a mental condition.
How Long Do I Have to Annul a Marriage in California?
As for the time limit, in California, you generally have four years from the date of the marriage to file for an annulment if the ground for annulment is fraud, misrepresentation, or coercion. However, other grounds like lack of capacity (mental incapacity) or underage marriage may have different time limits. It's important to consult with a lawyer to determine the specific deadline based on the circumstances of your case.
What are the Implications of Annulment in Child and Property Rights?
Because an annulment means your marriage or domestic partnership was illegitimate, you may not be entitled to the same rights as other couples filing for divorce or legal separation. For example, rights and obligations relating to your child or property are completely different for those who qualify for an annulment. Due to such complexities, other legal complications may arise such as child custody, or property division in San Fernando Valley.
For example, if you and your domestic partner or spouse had a child together and you get an annulment, the child that you had during the marriage or domestic partnership is presumably non-existent. Annulments can also disqualify you from partner or spousal support, including pension or retirement funds.
When money, houses, cars, and especially children come into the picture, emotions can run high, and separations that were once civil could turn turbulent. Consulting an experienced San Fernando family law attorney who understands the gravity of family life and importance of fairness can make such matters much more manageable.
How is the Process of Filing for an Annulment in California?
Filing for an annulment in California follows a set legal procedure that must be carefully adhered to in order to avoid delays or complications. The process begins with the filing of a petition for annulment, followed by a series of legal steps.
- Filing the Petition: The first step in obtaining an annulment is to file a Petition for Annulment with the court. This petition must outline the grounds for annulment, provide a brief description of the marriage, and include any supporting evidence that justifies the annulment.
- Serving the Petition: After filing the petition, the spouse requesting the annulment must serve the other spouse with a copy of the petition. This is known as service of process. The other spouse has a specified time to respond to the petition. If the other spouse fails to respond, the court may grant the annulment by default.
- Court Hearing: A court hearing may be scheduled to review the petition and any evidence provided. During this hearing, the requesting spouse must prove that one of the statutory grounds for annulment exists. If the court is convinced that the marriage meets the necessary criteria, the judge will issue a judgment of annulment.
- Final Judgment: Once the court has determined that the marriage is invalid, it will issue a final judgment of annulment. This judgment legally declares that the marriage never occurred and that the parties were never legally married.
- Property Division and Spousal Support: Unlike divorce, annulment does not always result in the same property division and spousal support considerations. However, the court may still divide property in a fair and equitable manner, depending on the circumstances. In some cases, spousal support may also be awarded if one spouse is financially dependent on the other.
A San Fernando annulment lawyer can help ensure that all necessary steps are taken and that the process goes smoothly. An annulment can have significant legal and financial consequences, so it is important to have experienced legal representation to protect your interests.
Benefits of Hiring a San Fernando Annulment Lawyer
It may be difficult to determine whether your marriage can be annulled, or if you will need to go through the process of a legal separation or divorce. By consulting a divorce lawyer at our San Fernando law firm as soon as possible you can set your mind at ease by finding out about your options and your rights in this matter.
Attorney Nelson Cutter is a highly professional divorce attorney and family law attorney and has over 30 years of legal experience. In addition to this, Attorney Cutter is a Retired Reservist with Prior Enlisted Experience, and the former Chief of Legal Assistance at White Sands Missile Range.
This kind of work has also helped him understand the value of personal property and family, so his experience brings a unique view to simple annulment cases. When dealing with annulment claims, you need a divorce lawyer who can be sensitive to your personal situation, yet still represent you fairly and strongly.
If you have questions regarding your particular legal situation and are looking for an annulment lawyer in San Fernando, call our firm at (818) 839-2533 to schedule a free consultation today.
