Divorcing In Orange County? Have You Considered Seeking Annulment
In California, termination of marital status typical occurs in one of three ways.
(1) Legal Separation; (2) Marital Dissolution; or (3) Nullity.
Nullity may or may not be an option. It depends on whether the validity of the marriage is in doubt. This is the primary difference between marital dissolution and nullity.
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 your marriage a valid one or is there some doubt? Were all of your formalization procedures (like obtaining the license, solemnization, and authentication) performed correctly? If not, these could be potential grounds for nullity. However, a marriage may be void or voidable for other reasons including incest, bigamy, inducement by fraud or force, or where one or both parties were minors at the time of the marriage.
Supposing nullity is a viable option remember that there are disadvantages of a nullity proceeding, including but not limited to the following. You must proving grounds for a judgment of nullity. This is likely to be difficult and costly to prove. There are also potential statutes of limitations hurdles. And, fault play no role in a marriage dissolution proceeding. In a nullity proceeding, however, issues of innocence or fault are essential issues that relate to questions of support and an attorney fees and costs award, as well as determining 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 Nullity Proceeding 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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