Interested in Obtaining an Annulment Rather Than Divorcing?
In Orange County, California, you may terminate your marriage using three legal remedies.
(1) Marital Dissolution; (2) Nullity; or (3) Legal Separation.
Nullity may or may not be an option. It depends on whether the validity of the marriage is in doubt. This is the primary difference between marital dissolution and nullity.
A nullity is pursued because the petitioner (one who files the action) believes that no valid marriage ever existed and they’re seeking to prove this theory. A marital dissolution, on the other hand, merely terminates an otherwise valid marriage.
In effect, a nullity seeks to prove the point that the marriage was never valid from inception. The court is tasked with reaching a decision, and the petitioner has the burden of proof.
Is the validity of marriage in doubt? Some marriages may be invalid from the beginning because of irregularities in the formalization procedures that ordinarily include obtaining the license, solemnization and authentication. But the marriage also may be void, or voidable, because of other legal defects like incest, bigamy, inducement by fraud or force, or where a party, or both parties are minors of at the time of the marriage.
Supposing nullity is a viable option, remember that there are disadvantages of a nullity proceeding, including, but not limited to the following. You must prove grounds for a judgment of nullity. This is likely to be difficult and costly. There are also potential “statutes of limitations” hurdles. And, fault plays no role in a marriage dissolution proceeding. In a nullity proceeding, however, issues of innocence, or fault are essential factors that relate to questions of support, attorney fees and costs, as well as determining property rights.
Spouses of an invalid marriage don’t have community property rights. However, the property acquired during the void or voidable marriage, that would have been community property if the marriage was valid, may be deemed quasi-marital property, and will be divided in a nullity action as if it were community property. This only happens where “putative spouse status” is established (which means that a spouse, asserting putative spouse status, had a good faith belief that the marriage was valid, and he or she didn’t fraudulently induce the marriage).
While these disadvantages are real, and perhaps of overriding concern, there are many benefits of a nullity as well. If you are interested in learning of the benefits, please visit my site linked below and fill out a case questionnaire. Or join my mailing list for more free reports like this one.
