Marriage is a sacred union binding two people together, symbolizing a commitment to love, support, and share their lives. However, there are times when a marriage may prove untenable or legally invalid, leading individuals to seek an annulment rather than a divorce. 

Obtaining an annulment in California is not a straightforward process, as it requires meeting specific criteria and following a distinct set of guidelines. In this article, we’ll discuss the grounds on which an annulment can be granted in California. 

What is an annulment?

An annulment is a legal process that declares a marriage to be void, essentially treating it as though it never legally existed. It aims to restore the parties involved to their pre-marital status, erasing the legal consequences that arise from marriage. 

An annulment is not a remedy available for every unsuccessful or short-lived marriage. Instead, it is reserved for specific situations where the marriage can be proven to have been fundamentally flawed or legally invalid. 

What’s the difference between divorce and annulment?

In a divorce, the law recognizes the marriage as valid, and the process involves the termination of a legally recognized union. A divorce legally ends a valid marriage and addresses issues such as property division, spousal support, child custody, and visitation rights. It recognizes the existence of a marital relationship and seeks to provide a fair and equitable resolution for the parties involved. 

An annulment, on the other hand, treats the marriage as though it never legally existed. It declares the marriage to be void or voidable, usually due to specific legal defects or circumstances that existed at the time of the marriage. As a result, an annulled marriage carries fewer legal consequences compared to a divorce, and the division of property and financial matters may be treated differently compared to a divorce.

When can you get an annulment in California?

Under California law, there are various grounds upon which an annulment can be granted. 

A void marriage is considered legally invalid from the beginning, and no legal annulment proceeding is necessary. In California, examples of void marriages are incestuous or bigamous marriages.

Voidable marriages are considered legally valid until an annulment is sought and granted. The following grounds may render a marriage voidable in California: 

• Age: If both parties were under the age of 18 at the time of marriage without parental consent
• Prior existing marriage: If one party was already married at the time of the marriage 
• Lack of consent: Due to fraud, force, or physical/mental incapacity 
• Unsound mind: If one party lacked the mental capacity to understand the nature of the marriage 
• Fraud or misrepresentation: If one party deceived the other regarding a crucial aspect of the marriage
• Force: If a marriage occurred under duress or coercion, it may be deemed voidable

How to file for annulment 

The first step toward marriage annulment is to ensure you make the deadline for annulment based on the statute of limitations. At Lonich Polich Ehrlich Policastri, we have dedicated experts who can help you navigate the complexities of filing for annulment in California. 

To learn more about the process, or discuss your unique circumstances, call us at 408-553-0801 for a free consultation, or contact us here. 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

If you are considering divorce, you and your spouse are facing several life-changing decisions about your shared home, child custody, and dividing up your assets and debts. Separating finances can be one of the most stressful parts of the divorce process. 

You might be worried about making ends meet on your own, especially if you have not been working. That’s where alimony comes in. Alimony, also known as spousal support, is the legal obligation of one spouse to make financial payments to support the other spouse for a period of time. Spousal support is not mandatory or automatic in California, so the family courts have a lot of discretion when deciding the amount of alimony to be paid, if any, and for how long. 

Types of Alimony

When deciding on spousal support, the California court system considers three types:

• Temporary – The higher-earning spouse will support the lower-earning spouse while the divorce case is ongoing. Temporary alimony helps the supported spouse become self-sufficient while transitioning from being married to being single and can last anywhere from 6 months to several years.
• Permanent – The higher-earning spouse will continue to make payments to the supported spouse indefinitely. 
• Lump-sum – Although alimony payments are usually made monthly, a spouse might choose to pay the entire alimony debt all at once instead. Choosing this option allows the supporting spouse to fulfill his or her obligations while at the same time eliminating the need for further interactions with their former spouse. 

When do you qualify to receive spousal support?

Even though alimony is not mandatory in California, if you can demonstrate to the court that you need the financial support, and your spouse is able to pay it, you have a good chance of a favorable outcome.

Every case is considered on its own merits, but there are several general factors the judge will take into account, including:

• Length of marriage
• Earning capacity of each spouse
• Standard of living during marriage
• Ability to pay spousal support
• Financial need
• Age and health of both spouses
• Other information the judge deems relevant

The following are some common situations that would likely result in at least temporary alimony while the supported spouse becomes self-sufficient:   

• One spouse relies on the other for income because of parental responsibilities, disability or health issues, adherence to traditional values, etc.
• If one spouse took time off from their education or career to help the other spouse achieve their goals or to take over parental responsibilities, they might be financially reliant on their spouse and need additional time to restart their career.  
• When couples own businesses together, and one spouse takes over ownership after the divorce. 

It’s important to remember that spousal support is based on financial need. Seeking alimony from a former spouse should never be about punishing him or her or unfairly enriching one spouse at the expense of the other.

An experienced attorney can help

Our family law attorneys at Lonich Polich Ehrlich Policastri have in-depth knowledge of the spousal support guidelines and practices in California family courts. We have decades of experience in helping our clients work through financial and other issues during a divorce. If you have any questions about alimony, please contact our office today at 408-553-0801 or complete this form to schedule a free, 30-minute consultation. 

 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.