Annulment

Divorce Attorney for Your Annulment

Whereas a divorce terminates a marriage between spouses, an annulment is the legal process of invalidating a marriage because it was not legally entered into. As a result, a nullified marriage in California is void and cannot be legally recognized. There are many reasons people may pursue an annulment rather than a divorce, ranging from trying to avoid the legal hassles of divorce to trying to escape from an unhealthy relationship.

Qualifying for Annulment

There are lots ways that a marriage could be considered invalid, many which can be used as grounds to make a petition for nullity of marriage. A marriage will never be viewed as legal in the state of California if it fulfills any of the following qualities:

  • Incest
  • Bigamy
  • Underage marriage
  • Consent to marriage was obtained by force
  • No legal marriage license
  • Concealed prior existing marriage or domestic partnership from current spouse
  • Incapacitated, mental or physical
  • Marriage fraud

In order for you to qualify for an annulment, you must be able to prove to a judge one of these requirements has been filled beyond a reasonable doubt. Proving the truth or legal validity of any of the annulment requirements may be much harder than you think, and getting a court approved annulment may be even more difficult. Don't try to go through the California family law court alone. Seeking legal guidance during your annulment will help you understand what is needed to persuade a judge, and it may even shed light on aspects of your relationship that could strengthen your annulment argument that you may not have considered before.

Effects of an Annulment

Generally, annulments of short term marriages are processed quickly simply because there is minimal shared property, debts, or earnings to divide between the two parties. When an annulment of a long-term relationship takes place, much more could be at stake.

Because an annulment means that your marriage or domestic partnership was illegitimate, those who seek annulment after a long-term marriage may not be entitled to the same rights as other couples filing for divorce or legal separation of a legal marriage. As a result, those who qualify for an annulment may have completely different legal rights to children and property. For example, because your marriage was invalid, any children that were birthed in the relationship or any properties accrued are also considered legally invalid and non-existent. Legal complexities such as these can have a huge effect on child custody, or property division. Annulments may also disqualify you from partner or spousal support, including pension or retirement funds.

When things like property, money, and especially custody of your children come into the picture, emotions can run high. Should anyone feel misrepresented or undervalued, even the most civil couples could turn explosive. Consulting an experienced Santa Clarita divorce lawyer who understands the gravity of family life and importance of fairness can make such matters much more manageable.

Get legal representation from Cutter & Lax!

At Cutter & Lax, we believe that you should not be stuck in a bad situation, and you shouldn't feel hopeless. We can provide you with a legal way out, and we are committed to representing you through every step of your annulment process so you can get back to living your life. We are dedicated to handling each case as effectively and efficiently as possible with exceptional personal service.

Attorney Nelson Cutter is a highly professional divorce 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. His kind of work has 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 lawyer who can be sensitive to your personal situation, yet still represent you fairly and strongly. Contact our firm to discuss your case!

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** The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.