Annulments Attorney in Los Angeles, CA
An annulment, also known as a “judgment of nullity,” and can be obtained due to a void marriage or a voidable marriage. If you are seeking an annulment and fit into these categories, it is important to have quality legal representation on your side. Exceptional Los Angeles annulment lawyers can determine if you have the standing to get your marriage annulled and determine if that is the ideal method to end your marriage.
An annulment could end your marriage more quickly. It can also prevent spouses from recovering certain financial support after a marriage. It’s crucial that you make an informed decision with the support of a compassionate and experienced legal team.
Selecting the Right Legal Support for Your Annulment
The legal team at Zitser Family Law Group, APC has proudly represented individuals for over 20 years when they need to obtain an annulment. Regardless of the reason for the annulment, we are here to help. To discuss your case with a skilled Los Angeles annulment lawyer, contact Zitser Family Law Group, APC today.
Our firm understands that each case is unique, and we take the time that is needed to listen to your situation and your worries. We explain what options you have for ending your marriage, and explain the time limits you have on obtaining an annulment. Our firm is led by Diana P. Zitser, Esq., who is a Certified Family Law Specialist. We use our significant experience for your benefit.
How Is an Annulment Different From a Divorce?
An annulment can be secured when the judge determines the marriage to be void, or that it was not legal. This is different from a divorce, which seeks to end the marriage contract. Divorce acknowledges that the marriage occurred, and determines how to fairly separate the lives of each party. An annulment states the marriage never existed at all.
Even if spouses agree to annul the marriage based on a legally valid reason, it must still be brought to the court to prove and finalize.
The duration of a marriage is not a legal ground for annulment. For instance, you cannot get an annulment for a marriage simply because the marriage was short-lived. There must be one of the legal reasons for a void or voidable marriage. Otherwise, you must instead get a divorce.
An annulment is also different from a divorce because it has no residency requirements or waiting period. A divorce requires at least one party to be a resident of the state for six months and a resident of the county for three months, and for both spouses to wait for six months after divorce papers are served. An annulment only requires that the parties live in California.
Court Orders Available in an Annulment
Because an annulment determines that the marriage never existed legally, it can change how the court handles certain issues. In some cases, the court has no authority to divide the couple’s shared assets and debts, nor the ability to award either spouse alimony. You may get an annulment and then find yourself without the financial ability to support yourself.
An annulment does, however, determine child custody and child support. If you and the other party have children, they may have presumed parentage, or you may need to establish paternity. Couples can either agree to voluntarily establish paternity or file with the court.
Establishing paternity ensures both parents have the right to request custody, make decisions for their children, and provide or receive child support. Paternity is beneficial for both parents and for their children. Once paternity is established, the court can make decisions about child custody, visitation, and support payments as they would after any separation.
What is a Void Marriage?
A void marriage is one that was never legal to begin with. In the State of California, a marriage is void in the following situations:
- Incest: A marriage between parents and children, ancestors and descendants, siblings, uncles or aunts nieces or nephews
- Bigamy or Polygamy: A marriage entered into by someone who was previously married when the prior spouse is alive and the prior marriage was never dissolved. There are exceptions for situations where the prior spouse was believed to be dead. In that situation the marriage is “voidable,” a term which will be discussed in greater detail below.
- Improper Contract: If the marriage does not meet the legal requirements for a legal marriage, including failing to have a marriage contract or the spouses not signing the document, it is void.
Even though the marriage is illegal from its inception, it is still important to go through the formal process of annulling it. This ensures that the annulment is part of the public record, just like the marriage, and that the marital rights and support of each party are determined.
What is a Voidable Marriage?
“Voidable” is a contract law term. It means that one of the parties who entered into the contract has the power to get out of the contract and avoid its obligations if they desire to do so. Alternatively, they can remain bound to the contract and continue to enforce the contract on the other party. This power is usually granted to one party when it is later found that the other party had an unfair advantage when the contract was formed.
In family law, a voidable marriage is one where one of the spouses has the power to nullify, or “void,” the marriage contract. Alternatively, that party also has the power to decide to remain married, and both parties will remain bound to all marital rights and obligations.
In the State of California, a marriage may be declared voidable if one of the following situations exists:
- Underage: The party seeking to void the marriage was below the age of consent when they entered into the marriage. However, this rule does not apply if that party freely and willingly lived with the other party as his or her spouse at any time after attaining the age of consent.
- Bigamy: If one of the parties has a husband or wife who is living and but was absent and not known to that party to be living for a period of 5 years immediately prior to the subsequent marriage or was generally believed to be dead at the time the subsequent marriage began. While the marriage is not automatically voided, it can be voidable when the information is learned by either spouse.
- Lack of Capacity: The party seeking to void the marriage was mentally incapacitated or of unsound mind when they entered into the marriage. However, this rule does not apply if, after coming to reason, the party freely and willingly lived with the other as his or her spouse for any length of time.
- Fraud: If the consent of either party was obtained through fraud. However, this rule does not apply if, after being made aware of the fraud, the party whose consent was obtained by fraud freely and willingly lived with the other as his or her spouse for any length of time.
- Duress: If the consent of either party was obtained through force. However, this rule does not apply if the party whose consent was obtained by force had freely and willingly lived with the other party as his or her spouse for any length of time.
- Incapacity: If at the time of marriage either party was physically incapable of entering into the marriage state, and that incapacity continues and appears to be incurable.
What is a Putative Spouse?
When discussing void or voidable marriages you may hear the term “putative spouse.” The court is only able to divide marital property and award spousal support if it determines that a putative spouse exists.
A putative spouse is a spouse who was not legally married but believed in good faith that they had entered into a legal marriage. A putative spouse may retain the financial and property interests they would have possessed if the marriage had been legal.
The other spouse is unable to request this from the court.
If there is no putative spouse in the marriage, the court cannot divide assets or assign financial support. You must be able to prove that you entered into the marriage in good faith and believed it to be valid in order to retain these rights. If you cannot, it may be to your benefit to secure a divorce instead. Talking with an attorney can help you understand the financial consequences of both options and which benefits you the most.
Time Limits on Filing for an Annulment
There are deadlines, or a statute of limitations, for filing an annulment. What this time limit is depends on the reason for the annulment. If a proceeding is not filed prior to the statute of limitations, then an annulment will not be possible.
- Underage annulment. For marriages that are voidable because one party was under 18 years old and had no parental or court consent, the case must be filed either:
- By the party that was underage, within four years after arriving at the age of consent; or
- By the underage party’s parent or guardian, at any time before the party reaches the age of consent.
- Bigamy annulment. For voidable marriage based on bigamy, the annulment can either be filed by either spouse while the other spouse is still alive, or by the former spouse.
- Lack of capacity annulment. This can be filed by the party that lacked capacity, or their relative or conservator, as long as it is filed prior to either spouse’s death.
- Fraud, duress, or physical incapacity annulment. This must be filed within four years of when the spouse who was deceived discovers that fact, or within four years of a marriage obtained through force, or when a spouse was physically incapable.
If you are unsure whether you qualify for an annulment, it is important to act quickly. When you file for an annulment, you have the burden of proof to show the cause of the annulment. It can take time to investigate and gather evidence of acts of fraud or duress. It is easier to gather this evidence with a skilled attorney.
An attorney can also provide you support along the entire process, from filing to serving copies of the papers to your spouse. Working with an attorney soon after discovering that your marriage is voidable is crucial to protecting your personal and financial interests.
Contact a Los Angeles Annulments Attorney
To learn whether you are eligible to receive an annulment for an invalid marriage in the state of California, contact Zitser Family Law Group, APC. Our firm has decades of experience helping clients in Los Angeles and Southern California through a variety of divorce and family law matters, including annulments. We are ready to take on your case, no matter how complex. Contact us today to schedule a consultation.
