Best Annulment Lawyers in El Segundo

About Annulment Law in El Segundo, United States

Annulment is a legal process that declares a marriage null and void, as if it never legally existed. In El Segundo, California, annulment is granted under specific circumstances defined by state law. Unlike divorce, which ends a valid marriage, an annulment establishes that a valid marriage never took place. This guide aims to help residents of El Segundo, or those married in the area, understand the basics of annulment, the legal grounds involved, and what steps to take if considering this option.

Why You May Need a Lawyer

Seeking legal assistance for an annulment is important because the process can be complex. Common situations where people might require legal help include:

• Determining if their marriage qualifies for annulment under California law
• Preparing and filing the correct legal documents
• Gathering and presenting evidence to support an annulment claim
• Dealing with disputes over children, property, or support, which may arise during the annulment process
• Navigating the court system, especially if the other spouse contests the annulment
• Understanding the rights and responsibilities that may be impacted by a successful annulment, such as property rights or eligibility for spousal support

Local Laws Overview

Annulments in El Segundo are governed by California state laws, particularly the California Family Code. Key local aspects include:

• Grounds for Annulment: The marriage must fall under specific grounds, such as fraud, bigamy, incest, force, lack of legal age, or one party being of unsound mind at the time of marriage.
• Time Limits: Some grounds have strict time limitations on when the annulment request must be filed, such as four years for fraud or force, or before reaching age 22 for underage marriages.
• Residency: Unlike divorce, there are no specific residency requirements for annulment in California, but cases are typically filed where either party lives, like El Segundo.
• Court Process: Annulments are processed in the Los Angeles County Superior Court, which serves El Segundo. The process involves submitting a petition, serving the other party, and attending hearings if the annulment is contested.
• Effects of Annulment: If granted, the marriage is considered invalid from the start, affecting property division, child custody, and support in unique ways compared to divorce proceedings.

Frequently Asked Questions

What is the difference between annulment and divorce?

Annulment declares that a marriage was not legally valid to begin with, while divorce dissolves a valid marriage. After an annulment, it is as if the marriage never happened.

What are common grounds for annulment in El Segundo?

Grounds include fraud, bigamy, incest, force or coercion, one spouse being underage, or one party being of unsound mind at the time of marriage.

How long do I have to file for annulment?

Time limits vary based on the grounds. For example, claims based on fraud or force must typically be filed within four years, while underage marriages must generally be challenged before the underage party turns 22.

Do I need to prove my grounds for annulment?

Yes, the person seeking annulment must provide evidence supporting their claim. Courts do not presume marriages are invalid without proof.

Which court handles annulments in El Segundo?

Annulment cases from El Segundo are processed through the Los Angeles County Superior Court’s family law division.

Can children born during an annulled marriage be considered illegitimate?

No. California law considers children from a void or voidable marriage as legitimate, and the child’s rights are protected.

Can I get spousal support after an annulment?

Generally, spousal support is not available after annulment due to the marriage’s invalid status, but there are exceptions for spouses considered “putative” who believed the marriage was valid.

How does property division work after an annulment?

Since the marriage is void, community property laws do not typically apply, but courts may address property rights if either party qualifies as a putative spouse.

Is religious annulment different from legal annulment?

Yes, a religious annulment is granted by a church or religious body and has no legal effect in state courts. Legal annulments must be processed through the court system.

Do I need a lawyer to file for an annulment?

While not legally required, having a lawyer helps ensure that documents, procedures, and evidence requirements are handled correctly, increasing the chances of a successful outcome.

Additional Resources

If you need further guidance regarding annulments in El Segundo, consider these resources:

• Los Angeles County Superior Court - Family Law Division: Handles all annulment filings and related hearings.
• California Courts Self-Help Center: Provides guides and forms for annulments.
• Legal Aid Foundation of Los Angeles: Offers no-cost or low-cost legal aid for qualifying individuals facing family law issues.
• State Bar of California: Directory to find licensed attorneys specialized in family law and annulment.
• Local Law Libraries: In-person access to legal forms, self-help books, and research assistance.

Next Steps

If you are considering an annulment in El Segundo, start by:

• Gathering all documentation related to your marriage and any evidence supporting your grounds for annulment
• Consulting a licensed family law attorney to review your situation and determine eligibility
• Visiting the Los Angeles County Superior Court or its website for forms and information
• Preparing to file a petition and serve the other party, as required by court rules
• Exploring legal aid organizations if you need affordable legal assistance