Best Annulment Lawyers in Anaheim

About Annulment Law in Anaheim, United States

Annulment is a legal process that declares a marriage null and void, as though it never existed. In Anaheim, California, annulments are governed by state family law statutes. Unlike divorce, which dissolves a valid marriage, annulment is only available under specific legal circumstances that render the marriage invalid from its inception. People often seek annulments due to reasons such as fraud, force, incapacity, or prior existing marriages. Understanding the criteria and procedures for annulment in Anaheim is important for anyone considering this legal remedy.

Why You May Need a Lawyer

Annulment cases can be legally complex and challenging to navigate without professional help. People typically seek legal assistance for annulment in these situations:

• They are unsure if their marriage qualifies for annulment under California law.
• They need to gather and present evidence of grounds for annulment, such as fraud, force, or incapacity.
• They anticipate disputes over property, child custody, or financial matters connected to the annulment.
• Their spouse contests the annulment petition.
• They want to understand their rights and obligations after the annulment is granted.

A lawyer can help assess your situation, file paperwork, represent you in court, and ensure your interests are protected throughout the process.

Local Laws Overview

In Anaheim, annulments follow California Family Code, which sets out the legal grounds for seeking an annulment. To obtain an annulment, you must prove at least one of the following:

• Bigamy - one spouse was already married at the time of the current marriage
• Incest - marriage was between close blood relatives
• Minority - one spouse was under the age of 18 at the time of the marriage and did not get proper consent
• Unsound mind - one spouse was unable to understand the nature of marriage at the time of wedding
• Force - one spouse was compelled to marry against their will
• Fraud - marriage consent was obtained by deceit that goes to the essence of the marriage relationship
• Physical incapacity - one spouse was physically incapable of consummating the marriage, and this is incurable

Annulments can have serious legal consequences, such as affecting property division and determination of parental rights. The process involves filing a Petition for Nullity of Marriage in the local Orange County Superior Court and potentially participating in a hearing if the annulment is contested.

Frequently Asked Questions

What is the difference between annulment and divorce?

Annulment declares that a marriage was never legally valid, while divorce ends a legally valid marriage. After an annulment, it is as if the marriage never existed under the law.

What are the legal grounds for annulment in Anaheim?

Common grounds include bigamy, incest, fraud, force, minority, unsound mind, and physical incapacity. Each has specific legal requirements that must be proven in court.

Is there a time limit to file for annulment?

Yes, the statute of limitations varies depending on the grounds. For example, cases involving fraud must be filed within four years of discovering the fraud. Other grounds have different deadlines.

Can children born during an annulled marriage be affected?

No, children born during a marriage that is later annulled are still considered legitimate. Custody, visitation, and child support are determined as in divorce cases.

Will I get spousal support after annulment?

Generally, annulment ends legal rights to spousal support. However, a court may award support in some cases if one party believed in good faith that the marriage was valid.

Do I have to go to court to get an annulment?

Yes, an annulment requires filing a petition in court and may involve hearings to present evidence and determine if grounds for annulment exist.

What happens to property acquired during the annulled marriage?

Property division can be complicated. If a marriage is declared void, property is generally distributed based on whether either party was a good faith “putative spouse.” Legal advice is important.

Can an annulment be contested by my spouse?

Yes, your spouse can contest the annulment and provide their own evidence. The judge decides whether or not the legal grounds are met.

Will my marital status say single or divorced after annulment?

After annulment, your status reverts to single or, if previously married, to your former status. The law treats the marriage as though it never happened.

How long does the annulment process take?

The timeline varies depending on the complexity of the case, court schedules, and whether the annulment is contested. Simple annulments may take a few months, while contested cases can take much longer.

Additional Resources

If you need more information or assistance regarding annulment in Anaheim, consider reaching out to the following:

• Orange County Superior Court - Family Law Division
• California Courts Self-Help Center
• Legal Aid Society of Orange County
• State Bar of California - Lawyer Referral Service
• Local family law attorneys experienced in annulment cases

Next Steps

If you believe you may qualify for annulment in Anaheim, take the following steps:

• Gather any marriage records, evidence, or information relevant to your situation.
• Consult with a family law attorney to discuss your case, the grounds for annulment, and any legal questions you may have.
• Determine if you meet the legal requirements for annulment as outlined under California law.
• If you qualify, your attorney can help you prepare and file the necessary paperwork with the Orange County Superior Court.
• Be prepared to participate in court hearings if required and provide evidence supporting your case.

Seeking professional legal guidance is often the best way to ensure your rights are protected and your case is handled efficiently. Do not hesitate to reach out to local resources or legal aid organizations if you need help starting this process.