Should I ask for an Annulment?

Experienced San Francisco Bay Area attorneys will inform clients about the option for an Annulment when they want to separate from their spouse.  Is Annulment right for you? This post covers some of the most common questions about Annulment in California.

What is an Annulment?

In California, an Annulment or “nullity” is when the Court determines that the marriage is not legally valid.   A marriage can be annulled or voided in cases of incest, bigamy, unsound mind, fraud, force, and physical incapacity.

What is the difference between Annulment and Divorce?

In the San Francisco Bay Area, a dissolution or Divorce is when the Court terminates a valid marriage on grounds arising after the marriage.  In contrast, an Annulment is when the Court terminates a marriage on the grounds that there was never a valid or legal marriage. In other words, a divorce action seeks to terminate marital status on grounds that occurred during the marriage, while a nullity action seeks to inquire whether any such status ever existed.

What are some advantages of asking the Court for an Annulment?

There are some advantages of pursing an Annulment. 

1.     First, there is no 6-month waiting period from service of process (or the respondent’s appearance).  

2.     Second, there is a possibility to restore rights that were lost as a result of the marriage.

3.     Third, if the responding party is not a putative spouse it may be possible to prevent that party from obtaining orders (for example, division of property, support, attorney fees and costs) in a nullity action that he or she could obtain in a dissolution action.

What are some of the disadvantages of asking the Court for an Annulment?

1.     First, proving the grounds for annulment may be more complex, difficult and costly than a divorce.

2.     Second, California community property laws that protect married couples will no longer be in place if the marriage is annulled. 

3.     Last, neither party can receive spousal support or survivorship benefits, like inheritances and retirement interests, from the other.

 

 

If you are considering an Annulment and have more questions, contact an experienced Bay Area family law attorney.