Interested in Obtaining an Annulment Rather Than Divorcing?
submitted: Sep 24th 2008 |
by: JonD.Alexander,Esq.
Total views: 8 |
Word Count: 444 |
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In Orange County, California, you may terminate your marriage using three legal remedies.
(1) Nullity; (2) Legal Separation; (3) Marital Dissolution.
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 nullity is pursued because the petitioner (one who files the action) believes that no valid marriage ever existed and their seeking to prove this theory. A marital dissolution, rather, merely terminates an otherwise valid marriage.
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.
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).
Even though there are clearly disadvantages of nullity, there are many benefits of Nullity as well including but not limited to the following. Will you please visit my site linked below to read about the benefits. And will you please schedule a free, confidential consultation while you're there. Thank you. Visit my site now!
About the Author
Before You Hire The Wrong Lawyer For Your Marital Dissolution or Nullity Hire An Aggressive, Qualified Divorce Lawyer And If You Are Looking For Divorce Lawyers Southern California, contact us today! Powered by the Internet Marketing Boutique.
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