Annulment
Like divorce, an annulment is a court procedure that dissolves a marriage. However, unlike divorce, proceeding with an annulment essentially strikes your marriage from any official record books. The advantages of annulment may be limited, depending on your point of view. If the stigma of divorce is a burden you do not wish to carry, annulment may be your option of choice. Others prefer an annulment because their religious institution frowns upon divorce; this allows them to remarry in their church without any complications.
Annulments are often difficult and expensive proceedings. Unlike divorce, annulment requires more than just irreconcilable differences to move forward. The grounds for annulment may only be obtained for one of the following reasons:
- Marriage regulatory informalities, such as a license problem, have invalidated the union from its inception.
- Despite the proper formalities of marriage, other legal impediments render the marriage void or voidable. These include items such as bigamy, marriage induced by force, and party under the age of consent.
Another difference between annulments and divorce is the general lack of property and custody division. Most annulments occur shortly after a marriage begins, usually within a few weeks or months. Because of the extremely short lifespan of the marriage, issues such as assets, debts, and child support are a non-factor. The annulment does get around the statutory six month "waiting period."
Annulments can only occur when the parties prove to the court that the statutory grounds exist. This can bring a number of problematic issues to the forefront, such as fault, fees, and property rights. Unless the parties have an important reason for choosing annulment, it is recommended that a couple proceed with other less expensive and less challenging dissolution options.
Moschetti Family Law can help you through this difficult time. We are committed to helping individuals with the transition and ensuring they have the fair and equitable resolution. Call us at
Cases
Estate of DePasse (2002) 97 CA4th 92
Marriage of Goldberg (1994) 22 CA4th 265
Marriage of Johnston (1993) 18 CA4th 499
Codes
Family Code §2200
Family Code §2201
Family Code §2210
Family Code §2211
Family Code §2212
