Television shows, movies, and religions often mislead audiences concerning annulments. Frequently misunderstood, the legal concept of civil annulments is not meant to make ordinary marriages disappear. Family law, annulments, and divorces determine existing marriages, but the reasons or grounds for granting each are quite different.
Family law cases involve many complex issues that frequently need to be explained by a professional. If you have questions about your marriage or family and need an explanation, do not hesitate to contact the skilled Westlake Village divorce attorneys at the Law Offices of Ronald K. Stitch.
What Does Civil Annulment Even Mean
The vital difference between divorces and annulments is:
- Divorce is a legal procedure to end an existing and valid marriage
- Annulments determine whether a marriage ever really existed at all
In California courts, getting an annulment is similar to getting a divorce, but the process has distinct instructions and paperwork for requesting and opposing an annulment.
Because an annulled marriage has no validity, children’s paternity is often called into question, as if the children were born to single parents. A judge can presume paternity and decide on child support, visitation, and custody.
In California annulments, couples must separate their property, including assets and debts. Community property laws do not protect annulled couples. Spousal support or survivorship benefits (inheritances and retirement interests) cannot be automatically received for either party.
In California, there are set deadlines for filing annulments, and you want an annulment to determine the time limits for deadlines.
Reasons For Annulments
The reasonable reasons or possible grounds for a Californian annulment include:
- Age at the time of marriage: If at least one of the parties filing was married under 18. A person has four years after you turn 18 years old to file.
- Force: If a party was forced to consent to marriage, they have four years to file.
- Fraud: If either party used deception or fraud to convince the other to get married, such as marrying for a green card or not divulging their inability to have children, they have four years to file.
- Physical incapacity: If either party cannot consummate the relationship, they can file for annulment within four years.
- Prior existing marriage or domestic partnership: If either party was already legally married, either as an illegal act of bigamy or because the former spouse has been absent for the last five years, they can file anytime.
- Unsound mind: If either party cannot understand the nature of marriage, including marital obligations, they can file anytime.
When Should I Contact a Lawyer
Annulments can be legally complex. The implications associated with dissolving financial and familial stakes can be taxing. Annulling the marriage may not be the right decision. Divorce may be a better option.
In either case, discussing your options with the experienced Westlake Village family law attorneys at the Law Offices of Ronald K. Stitch is particularly important. You can contact us for a free consultation by clicking here or calling 818-707-0202.
