Interested in Obtaining an Annulment Rather Than Divorcing?
submitted: Sep 4th 2008 |
by: JonD.Alexander,Esq. |
Total views: 1 |
Word Count: 470 |
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Legal termination of marriage, in California, happens in one of three ways.
(1) Legal Separation; (2) Marital Dissolution; or (3) Nullity.
Is nullity an appropriate remedy for you? Maybe, but this option is only appropriate where the validity of the marriage is not clear. The difference between martial dissolution and annulmnet is that the remedies rely on conflicting assumptions.
A marital dissolution action is used to terminate an otherwise valid marriage on grounds that arise after marriage. On the other hand, a nullity is pursued because the petitioner (the filing party) believes that at the time of the marriage, no valid marriage ever occurred.
In effect, a nullity seeks to prove a the theory 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? Marriages may be invalid from the inception 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.
Even if a nullity is an option keep in mind that there are some disadvantages of a nullity proceeding, including but not limited to the following. Proving grounds for a judgment of nullity are likely to be more difficult and costly to prove. The party seeking a judgment of nullity may also have to overcome statutes of limitations hurdles. Fault play no role in a marriage dissolution proceeding. In a nullity proceeding, however, issues of innocence or fault are very important for questions of support and an attorney fees and costs award, as well as determining marital (quasi-marital) property rights.
Parties to an invalid marriage do not have community property rights. Rather, the property acquired during void or voidable marriage that would have otherwise been community property is deemed quasi-community property. And it divided up in much the same way as community property. But, and this is an important but. Property is deemed Quasi-community property only when Putative Spouse status is proved. This means that the spouse asserting that the property be deemed Quasi-Community Property must prove that he/she was innocent and that he/she had a good faith belief that the marriage was valid.
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 please fill out a case questionnaire or join my mailing list for more free reports like this one. Thank you. Visit my site today!
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