An annulment is when a judge declares your marriage or domestic partnership legally invalid.
Unlike divorce, which ends a valid marriage, an annulment states that the marriage never legally existed.
Specific circumstances are needed to qualify for an annulment, which must be proven in court.
If you’re considering annulment instead of divorce, it’s crucial to meet strict legal standards.
Consulting an experienced San Diego lawyer is wise to explore your options.
Handling an annulment can be complex, but our family law experts at Moshtael Family Law have the knowledge and experience to guide you through the process and achieve your goals.
Understanding the Differences Between Annulment and Divorce
As a San Diego annulment renders a marriage null and void, assessing whether annulling your marriage could have specific repercussions in your particular situation is essential.
Divorced spouses are entitled to certain rights that individuals who have their marriage annulled are not, as an annulment confirms that the marriage was never legally valid.
With few exceptions, the legal rights of separated spouses, such as community property rights, spousal maintenance, and pension benefits, are typically not applicable in annulment cases. Depending on the specific circumstances of your situation, this could offer advantages in pursuing an annulment rather than a divorce. An annulment also renders any prenuptial agreement (prenup) null and void.
Assessing the overall costs associated with annulment versus a San Diego divorce is crucial when determining the best approach to dissolve a marriage.
An annulment can often be less costly than a divorce since there are typically fewer legal issues to resolve. However, if contested grounds for annulment require investigation or expert testimony, expenses such as investigator fees and legal costs can escalate quickly.
Sometimes, a divorce based on irreconcilable differences, which does not require proof of fault, may be more cost-effective than other legal proceedings. This is especially true if you and your spouse have already agreed on custody arrangements, child support, and property division.
A crucial distinction between divorce and other legal procedures in San Diego is the absence of a residency requirement or waiting period for certain processes. Unlike other procedures, it permits the swift resolution of marital issues.
Grounds for Seeking an Annulment in San Diego
There are certain unique circumstances in which a couple will want to end a marriage, such as cases of bigamy, where a person has married multiple people, or incest, where the couple is related by blood.
If these cases become known, San Diego family law courts will automatically annul the contracts, even if all parties consented to the marriage.
Excluding cases of incest and intentional bigamy, you will have to provide at least one of the following valid reasons to qualify for an annulment:
- Age: If one of the persons in the marriage was below the age of 18 when they got married, they could get the marriage annulled.
Prior Existing Marriage: If it is found after the marriage that either of the parties continued to be in a domestic partnership or legal marriage with someone else, the subsequent marriage will be annulled. - Fraud: If one party claims that the other person deceived them in some way. A person misrepresenting financial status/employment, marrying to obtain a green card, or claiming to be someone else are all examples of fraud.
- Force: Coercing or compelling someone into marriage is not legal and can culminate in annulment. Some examples of force include threatening the spouse, children, or family members, which may necessitate the assistance of an attorney.
- Unsound Mind: Like all contracts, both parties entering into a marriage contract need to be of sound mind. It means they should be competent enough to make a sound legal decision at the time of the marriage. The marriage can be annulled if it can be proved that one of the persons was of unsound mind when the marriage took place.
- Physical Incapacity: If one party is incapable of consummating the marriage, and the condition continues and appears incurable, it becomes grounds for annulment.
Statute of Limitations for a San Diego Annulment
In addition, it’s crucial to remember there is a statute of limitations for annulments in San Diego. It means you can ask for a marriage annulment within a limited timeframe from the marriage date. The deadline will vary depending on the annulment reason, including:
- If you were below 18 years of age when you married and you are seeking an annulment on these grounds, the statute of limitations is four years after you turn 18.
- If bigamy is the basis for seeking an annulment, you or your spouse can initiate proceedings until the prior spouse remains alive.
- If “unsound mind” is the reason for seeking an annulment, there is no time limit to file. The conservator or relative of the incapacitated person can also file for annulment on their behalf.
- If fraud is the reason for seeking annulment, you have four years from the discovery of the fraud to file.
- If you are seeking annulment due to coercion into marriage, you have four years from the date of marriage to initiate proceedings.
- If physical incapacity is the reason for seeking annulment, you have four years from the date of marriage to take action.
Ensure you have a reliable lawyer in your corner if you plan to file for an annulment. You shouldn’t attempt to deal with the intricate legal procedures associated with such cases without solid legal counsel.
Given the stringent legal statutes of limitations and the significant financial and custody implications accompanying an annulment, it is crucial to consult a family law attorney before taking any action.
What is the Process of Getting an Annulment in San Diego?
The divorce and annulment processes are similar. You would have to complete a petition and serve the request on your spouse. You must also file the documents, pay court costs, attend a hearing, and wait for the court’s decision.
Steps to Getting an Annulment in California
To sign the petition and start the process you must first complete Form FL-100, the same form used in divorce cases in san diego, making it necessary to check the “nullify” box in it.
You will have to provide various pieces of information about the marriage that needs to be annulled, such as:
- Names of both the spouses
- The date of the marriage
- The grounds/reasons on which you are basing your petition
- Any additional relevant information you believe may be helpful in persuading the judge to grant your petition
If you have any kids from the marriage that you are attempting to annul, you must include this information in the declaration.
Serve your Spouse
You will also need to serve your spouse with the petition copy formally. If you have engaged the services of a San Diego lawyer, they will do the needful.
Based on this, if you are not working with a lawyer and are serving the petition copy to your spouse yourself, you must obtain proof of its delivery. When seeking nullification of marriage, it’s best to work with an experienced family law attorney; they will ensure that all due processes are followed.
Complete Additional Paperwork
Because local jurisdictions may need some additional paperwork or forms, you should check this aspect with them. If you have children from the marriage you seek to annul, you must complete and submit the Declaration Under Uniform Custody Jurisdiction and Enforcement Act.
File with the Clerk
The next step involves submitting your petition for review. You must file it with the county clerk and pay all the required filing fees.
Attend a hearing
Provide reasons for your request, as it offers an opportunity to elaborate on the statement included in your initial petition and allows your spouse to raise objections.
Advantages of Choosing Annulment Over Divorce
This option offers unique benefits compared to divorce, making it a preferable choice for many individuals. Here are some key advantages:
Restoration of Single Status: Unlike a divorce, which marks the end of a legal marriage, this option treats the marriage as if it never existed. This means that legally, it restores the parties to their pre-marriage single status.
Religious Considerations: For individuals whose religious beliefs prohibit or frown upon divorce it can be a more acceptable option.
Emotional Closure: This can provide a sense of closure by acknowledging that the marriage was invalid from the start. This can be emotionally beneficial for those who felt misled or coerced into the marriage.
Impact on Property Division, Spousal Support, and Other Legal Matters
An annulment can significantly impact various legal aspects compared to a divorce:
Property Division: Since an annulled marriage is considered void, the property acquired during the marriage may not be subject to the same division rules as in a divorce. Each party may retain the property they brought into the marriage, although courts may still intervene to ensure fairness during the divorce process or annulment.
Spousal Support: Generally, San Diego spousal support (alimony) is not awarded in annulment cases because the marriage is treated as though it never legally existed, which is a significant difference from legal separation or divorce. However, exceptions can occur depending on the circumstances and the court’s discretion.
Children and Custody: If children were born during the annulled marriage, their legitimacy is not affected by the petition for annulment. Child Custody and child support legal issues are handled similarly to those in divorce cases, focusing on the best interests of the child.
Financial Obligations: Any financial obligations incurred jointly during the marriage, such as debts, may be treated differently. The court will determine a fair distribution based on the specifics of each case.
Choosing an annulment can have profound legal and personal implications. It’s crucial to consult with an experienced attorney to understand how these benefits and impacts apply to your unique situation. Our firm is dedicated to providing personalized guidance to help you navigate this complex process effectively.
Why Choose Our Attorneys to Help You with Your Case?
We bring a wealth of experience and deep expertise in handling annulment cases. Our team of dedicated family law attorneys understands the intricate legal nuances involved in annulments and is committed to providing top-tier legal representation. We stay up-to-date with the latest developments in family law to ensure our clients receive the best possible advice and support.
Personalized Legal Support Tailored to Your Needs
Every case is unique, and we recognize the importance of providing personalized legal services. From the initial consultation to the final resolution, our attorneys work closely with you to understand your goals.
We develop specific legal strategies tailored to your individual needs, ensuring that you receive the most effective and efficient legal support.
Hear from Our Clients
These testimonials are a testament to our commitment to excellence and our ability to deliver outstanding legal services.
“Moshtael Family Law provided exceptional support throughout my divorce process. Their expertise and dedication made a difficult time much easier to navigate.”John D.
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Expert San Diego Annulment Attorneys
Proving before a court that you have solid grounds for an annulment might be tricky. It’s essential to seek the counsel of an expert who can help you navigate the system and understand your legal rights and obligations.
At Moshtael Family Law, we have a combined expertise of over 185 years of successfully handling a wide range of family law cases in San Diego.
Our team of experienced San Diego family law attorneys is dedicated to providing aggressive and focused courtroom advocacy to help you obtain the desired results.
Let us help you move forward in life with success, confidence, and peace of mind. To schedule your free, no-obligation consultation, contact us online today or call us at 619-639-9898.
FAQS
In San Diego, Can I File for the Annulment but also File for Dissolution of Marriage?
Yes, depending on the circumstances, we may recommend that litigants consider filing for both. This is known as “pleading in the alternative,” and can be done by providing the necessary information for both dissolution and annulment on the Petition form.
By pleading in the alternative for both annulment and divorce, you can pursue both options during the trial and indicate that you are primarily seeking an annulment, but you are also requesting a divorce if the court doesn’t grant you the first one.
What is a “Putative Spouse” and is that Important in Annulment Cases?
A putative spouse is one who enters into a marriage genuinely believing that the contract is valid. To recognize putative spouse status, the court must confirm that both parties met all the requirements, such as undergoing a proper marriage ceremony and obtaining a valid marriage license.
The legal concept of putative spouse status is crucial in proceedings as it safeguards the “innocent” party’s rights in cases where the marriage is deemed null/invalid. In cases such as these, the judge may issue orders related to community property division, spousal support, and child custody. Pertaining to this, the person responsible for the invalidity of that marriage cannot legally seek putative spouse status.
What Happens After an Annulment in San Diego?
If the judge denies your petition you have two options: You can amend the petition to rectify the information resulting in the denial; or Alter the form and petition for a divorce.
If the judge approves your request, the state no longer legally recognizes your marriage. It is as though you were never married to your ex-spouse, and the state will remove all information regarding your marriage from their record(s).
Before you submit your petition, you must assess and understand all the implications for you, your spouse, and any children you may have from the marriage.
How long does the annulment process take?
The duration of the process varies depending on the complexity of the case and the court’s schedule. Generally, it can take several months to a year to complete.
Will an annulment affect my children’s legitimacy?
No, It does not affect the legitimacy of children born during the marriage. Custody and child support issues are handled similarly to divorce cases, focusing on the best interests of the child.
Can I receive spousal support after an annulment?
Spousal support is generally not awarded in this case since the marriage is considered void. However, exceptions may apply based on the specific circumstances of your case.
