January 2021 - Lonich Patton Ehrlich Policastri

Relationships are complicated, which explains why so many people are afraid of marriage. It’s a big decision and it can be difficult if one party decides they want out of the marriage. If you did enter into a marriage, and you or your partner have realized you want out, you have options. There’s divorce, annulment, and in some cases, legal separation. But what’s the difference between an annulment and a divorce? How do you know which is right for you and your spouse?

What’s An Annulment?

Many people recognize the term annulment from silly sitcoms about last-minute Las Vegas weddings that the co-stars don’t remember the next morning. In reality, annulments are a very useful, very valid tool that serves a much more serious purpose. An annulment doesn’t just end a marriage, it completely nullifies it. If you get an annulment, it cancels a marriage out and acts as though the marriage never happened or existed. It allows for both parties to remarry post annulment. It’s a clean slate.

Not everyone can get an annulment, however. There are rules that dictate which couples are eligible. For example, if one spouse lies or withholds information from their spouse upon marriage, the other spouse can file for an annulment based on misrepresentation. Some other reasons for an annulment include:

If one party was presently married to another at the time of the wedding. This is also known as bigamy.
If one or both spouses were underage at the time of the marriage.
If one spouse was forced or coerced into the marriage.
If the spouse(s) were mentally ill or unwell at the time of the marriage.
If one or both parties were on drugs or alcohol, thus impairing their judgment, at the time of the wedding.
If the relationship between the parties is incestuous and therefore illegal by law.
Impotency in a spouse or inability to perform sexually can also result in an annulment.

You can get help understanding these rules and stipulations by hiring an experienced annulment attorney. It can be hard to navigate an annulment on your own, so, having an expert can be beneficial.

What’s A Divorce?

A divorce is a legal dissolution of a marriage. It goes a step further than legal separation and has stricter requirements. In California, parties must have lived in the state for at least 6 months before they can get a divorce. Couples can choose legal separation over divorce.

A person returns a ring to their ex spouse after learning what's the difference between an annulment and a divorce

Like an annulment, ex-spouses can remarry after a divorce. However, unlike an annulment, the divorce isn’t wiped from the record. A divorce means the marriage still existed and you must go through the procedures of dividing up property and assets and determining alimony and child support payments. California is a no-fault divorce state, which means that neither spouse is blamed for the end of the marriage. This usually follows with assets being divided 50/50. Spouses may need to obtain legal representation to help ensure the assets are divided equitably rather than equally.

If you have questions about whether or not you are eligible for an annulment or a divorce, or are still curious what’s the difference between an annulment and a divorce, contact an experienced annulment attorney. Lonich Patton Ehrlich Policastri has over 100 collective years of experience in family law. Set up a free 30-minute consultation here to find out if you and your spouse are eligible for an annulment.

Going through a divorce is devastating, and the headache of trying to understand the intricacies of divorce law and how it applies to your specific circumstances can be a nightmare. If you find yourself wondering, “How is property divided in a divorce?” then you are not alone.

The first piece of advice for people facing a divorce settlement is to research your specific state law or reach out to an asset division lawyer who can help you understand how family law property division is settled in your state.

How is Property Divided in a Divorce in California

The state of California practices the principle of “community property” during divorce proceedings. This means that all property accumulated by the spouses during the marriage is considered community property, and thus must be divided relatively equally between the spouses.

While some spouses are able to negotiate the division of property without the help of an asset division lawyer, property divisions are not considered legal without the approval of a judge who needs to validate the legality of the final separation agreement.

Unfortunately, divorce can bring forth hostility even after previously happy marriages. Often couples find that they cannot agree on how to separate their assets, and require the help of lawyers who specialize in family law property division. Both sides will present their case, and a judge will determine a division of property that is fair and relatively equitable. Cases in which the spouses have children together, tend to further complicate the divorce as determining a child custody arrangement can be a contentious issue.

Joint Property Versus Separate Property

During divorce litigation, a judge will need to determine which assets are joint property (community property) and which property is considered separate. Separate property includes:

Property that either spouse possessed before the marriage
Inheritances or gifts that either spouse was granted both prior to or during the marriage
Possessions that were acquired after the sale of personal property as mentioned above
Interest, dividends, or earnings on separate property
Property that was acquired by either spouse during the period between the official separation of the spouses and their finalized divorce

Shared property may become joint property if both spouses share payments on the property, as in a house, or if both spouses contribute to the worth of a property, as in a bank account. Nuances like these make an asset division lawyer highly recommended in high-asset divorce proceedings.

After asking how is property divided in a divorce, a couple signs corresponding documents that will divide their property.

Determining the Value of Property

Once the shared and joint property are differentiated, the division property process begins. Joint property is not always physically split down the middle but is often awarded as whole parts. For example, while one spouse may be able to keep the more expensive car, the other may be granted the higher checking account or an equalization payment.

Debt Ownership

Community debt is a complex issue beyond the sample of this blog, however, it is highly advised to assign debts to one spouse instead of sharing the ownership of the debt. This is to prevent one person’s credit from being negatively affected if the other is unable to make payments. Divorce litigators often offset an imbalance of property division by granting the debt ownership to the spouse who was granted more personal property. While one spouse may receive the higher checking account that same spouse may also have to assume the sole responsibility of paying off the credit card debt.

Family Law Property Division in San Jose

If you are facing a contentious divorce, it is vital to invest in an asset division lawyer to help you protect your personal property and ensure that you are not being taken advantage of. LPEP is a reputable high-asset family law firm that specializes in representing high-net-worth individuals. Schedule a 30-minute consultation today so that you may understand how we can help you. To learn more about property division, read this.

What’s the Difference Between An Annulment And A Divorce?