Santa Ana Annulment Lawyers

If you would no longer like to be married to your spouse, you may think that divorce is your only option. While divorce is much more common, getting an annulment might be right for you if your marriage was never legally valid. After an annulment, the law treats the marriage like it never existed. Very few marriages qualify for annulment, so it’s essential to consult with a lawyer before pursuing this option.

If you believe you qualify for an annulment, contact Sarieh Law Offices, ALC today. Our team will review your case and advise you on whether an annulment is the correct choice. If an annulment is right for you, we will walk you through the process and assist you in filing for an annulment. Call us today at 714-694-7723 for a free consultation and to learn more about how we can assist you.

How Does an Annulment Differ from a Divorce?

Although the terms are similar, an annulment and a divorce are very different legal processes. After a divorce, a marriage that was considered legally valid is now ended by the court. The marriage still existed and will be categorized as such. Divorces may take longer than annulments and could involve more negotiations about marital property, child support, and spousal support.

On the other hand, an annulment is the voiding of a marriage that was not legally binding or valid in the eyes of the law. After an annulment, it’s like the marriage never existed at all. The process is typically much faster, although the grounds for an annulment are much more strict than a divorce.

Choosing between a divorce and an annulment can have drastic legal impacts on your future. Contact our team today for guidance if you believe your marriage was never legally valid. We can assist you in filing for an annulment or determining if you qualify before moving forward.

What Are the Grounds for Annulment in California?

In California, strict grounds must be met before a marriage can be annulled. Even if these grounds are met, there is no guarantee that an annulment will be granted.

You may be able to get an annulment if one of the following conditions is true:

• One or both parties have a prior existing marriage
• One or both parties were coerced into the marriage
• The marriage was entered into with an unsound mind
• One or both parties were physically unable to give consent
• The party who wishes to annul was under 18 years old at the time of the marriage
• The parties are close blood relatives
• One party committed fraud against the other party to get married

Although California does not maintain a minimum age for marriage, individuals under 18 years old must have a court order or parental consent to get married. If the marriage occurred when an individual was younger than 18 and did not have permission, then it is invalid.

In some cases, bigamy, or marrying someone to whom one person is already legally married, happens by accident. A spouse may find out their previous spouse is alive, but they were assumed to be dead due to an absence. If it has been more than five years since this absence, a lawyer on our team may be able to validate your marriage. In this circumstance, you and your spouse may need to formally divorce and then get remarried with a new and valid marriage license.

How Do You File for an Annulment in California?

If you would like to file an annulment, take note of the statute of limitations. In California, if you file because of age, force, or physical incapacity, you must file within four years from the date of your marriage. If you file because of fraud, you must file within four years from the date you uncovered the fraudulent activity.

Before filing for an annulment, it is essential to find proof of the grounds for an annulment. A lawyer on our team can help you gather communication records and investigate personal records to determine whether your marriage is valid. Once you have proof that your marriage is invalid in the eyes of the law, you can file for an annulment with assistance from your legal team.

After filing, you must notify your spouse of the petition for annulment within 30 days. Your spouse then has 30 days to respond to this petition. During the annulment hearing, a judge will make decisions about the division of property, child custody, child support, and spousal support, if relevant. Spouses who did not file for annulment can attempt to fight the petition. The only determining factor in an annulment ruling is whether the marriage was legally valid.

How Does an Annulment Affect Parental Rights?

If you and your spouse have children, the children in the marriage will have been born to single, unmarried parents. This is because the marriage was not considered valid at the time of their birth. During your annulment hearing, you can ask a judge to establish paternity if you are the children’s father. In California, fathers have the “presumption of paternity,” meaning that the former husband is presumed to be the father even if the marriage is annulled.

How Can a Santa Ana Annulment Lawyer Help Me?

Deciding to pursue an annulment is a challenging task. Proving grounds for your annulment and determining if you qualify can be daunting, especially if you have no legal experience. Annulling your marriage may be the right step for you if you believe your marriage was never legally valid.

An attorney on our team can assist you with gathering evidence of your invalid marriage and filing a petition for annulment. We can also advocate for you in court and protect your and your children’s rights. Call Sarieh Law Offices, ALC today at 714-694-7723 for a free consultation.