Articles on Love

submitted: Aug 24th 2008 | by: JonD.Alexander,Esq.
Total views: 5 | Word Count: 455 | | |

In Orange County, California, you may terminate your marriage using three legal remedies.

(1) Nullity; (2) Legal Separation; (3) Marital Dissolution.

Are you a candidate for termination via nullity? Perhaps, but this remedy should only be sought where the validity of the marriage is in doubt. The difference between nullity of a marriage and martial dissolution is that they are based on opposing 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.

Supposing nullity is a viable option remember that there are disadvantages of a nullity proceeding, including but not limited to the following. You must proving grounds for a judgment of nullity. This is likely to be difficult and costly to prove. There are also potential statutes of limitations hurdles. And, fault play no role in a marriage dissolution proceeding. In a nullity proceeding, however, issues of innocence or fault are essential issues that relate to questions of support and an attorney fees and costs award, 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 spouse asserting putative spouse status had a good faith belief that the marriage is valid, he or she didn't fraudulent 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 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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