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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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When Is Annulment an Option?

Posted on in Family Law

California family law attorney, California divorce lawyerAnnulment, divorce, and legal separation all have one thing in common: the two parties within the marriage or domestic partnership are no longer together. As far as commonalities, the split is just about the only similarity these divisions share. In a legal separation, the two parties are divided but not free to marry someone else. In divorce, both sides become legally single while still recognizing the existence of the marriage. Annulment wipes the board clean and makes it as though the marriage never legally occurred.

Why Choose Divorce?

Divorce in California requires one side to declare they believe the marriage suffers from irreconcilable differences. Both parties do not have to agree, and if one wants to exit the union, the court will grant their wishes. However, despite the prevalence of divorce within the United States, some people feel a stigma still exists, leaving them to for another option. For either personal or religious reasons, many of these individuals choose to wipe the slate clean entirely.

Grounds for Annulment

Unlike divorce, for a marriage or a domestic partnership to be considered as invalid, there must be grounds to prove it, regardless of brevity. However, proof of these claims must be presented before a statute of limitations, which is different for each circumstance. Several legal reasons for an annulment include:

  • Incest,
  • Bigamy,
  • Age at the time of the marriage,
  • Already married,
  • Unsound mind,
  • Fraud,
  • Force, or
  • Physical capacity.

Side Effects to Consider

Annulment creates a platform in which a marriage or a union will not have ever been recognized legally. In court, once records are gone, the marriage cannot be recalled in other areas. For instance, the presumed parentage of a child born into the marriage will now need proving. Also, during an annulment, the two parties are not bound by the same property division laws as a divorcing couple. Community property laws are not applicable in these cases.

Consider Your Options

Although mentally and emotionally you may wish the marriage never happened, however, there are many benefits to acknowledging it did. It is often useful to establish communication with an experienced attorney. Having someone with years of experience with countless of families in similar situation can be enlightening and empowering. If you are interested in discussing your options with a Los Gatos, CA divorce attorney, contact the Law Offices of Benita Ventresca today at 408-395-8822 to arrange a free first consultation with a lawyer who has your best interests at heart.



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Los Gatos, CA 95030

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