Best Annulment Lawyers in Fresno

About Annulment Law in Fresno, United States

Annulment is a legal process that declares a marriage null and void, as if it never legally existed. In Fresno, California, annulment offers a way to end a marriage that is considered invalid under the law for specific reasons. This is different from divorce, which ends a valid marriage. People often seek annulments when there are grounds that make the marriage legally defective from the beginning.

Why You May Need a Lawyer

Seeking an annulment can be complex due to the specific grounds and evidence required by California law. Common situations where legal help may be needed include cases involving fraud, bigamy, incapacity, force, or other legally recognized reasons that invalidate a marriage. An attorney can provide guidance on whether annulment is possible, help gather necessary documentation, navigate court procedures, and represent you if your case is contested. If children, property, or other legal issues are involved, a lawyer's assistance can help protect your rights and achieve a fair outcome.

Local Laws Overview

In Fresno, annulments are governed by California state law. The Family Code specifies valid grounds for annulment, such as incest, bigamy, underage marriage without consent, unsound mind, fraud, force, or physical incapacity. A person seeking an annulment must file a petition in the Family Law Division of the Fresno County Superior Court. The person requesting the annulment must prove to the court that the marriage is invalid based on at least one of the state-recognized reasons. Time limits apply for certain grounds, like fraud or force, so prompt legal consultation is recommended. If children were born during the marriage, paternity, custody, and support may also be addressed.

Frequently Asked Questions

What is the difference between annulment and divorce?

Annulment treats the marriage as if it never legally existed, while divorce ends a legally valid marriage.

What are the legal grounds for annulment in Fresno?

Legal grounds include incest, bigamy, fraud, force, physical incapacity, underage marriage, and unsound mind.

Is there a time limit for filing for annulment?

Yes, time limits depend on the specific ground. For example, annulments based on fraud or force must typically be filed within four years of discovering the issue.

What happens to children if a marriage is annulled?

The court may address child custody, visitation, and support, and may establish paternity and parental rights.

Can property be divided during an annulment?

Property division may be addressed, but typically the rules differ from divorce since the marriage is considered void. A lawyer can advise on your specific situation.

How long does the annulment process take?

Timelines vary based on the complexity of your case, court schedules, and how quickly evidence is provided.

Do both spouses need to agree to an annulment?

No, one spouse can file for annulment, but if contested, a judge will make a decision based on evidence.

Will annulment affect my legal status in the United States?

Potentially yes, especially if your immigration status was affected by your marriage. Consult an attorney for advice specific to your case.

Can I get an annulment if my spouse lied to me before marriage?

If the lie meets the legal standard for fraud that is vital to the marriage, you may qualify. Legal advice is recommended.

Where do I file for an annulment in Fresno?

File your Petition for Nullity in the Family Law Division of the Fresno County Superior Court.

Additional Resources

- Fresno County Superior Court Family Law Division: For filing documents and accessing self-help resources. - California Courts Self-Help Center: Offers guidance on annulment laws and court procedures statewide. - Central California Legal Services: Provides free or low-cost legal assistance to qualifying individuals in Fresno. - State Bar of California: To find qualified family law attorneys experienced in annulment cases. - Local law libraries: For researching California Family Code and annulment cases.

Next Steps

If you are considering annulment in Fresno, start by gathering relevant documents about your marriage and any evidence supporting your grounds for annulment. Consider consulting with an experienced family law attorney to evaluate your case and determine the best course of action. Visit or contact the Fresno County Superior Court Family Law Division for filing requirements and procedures. If cost is an issue, seek help from legal aid organizations that serve the Fresno area. Acting promptly is important due to possible time limits associated with annulment cases. Legal guidance can help ensure your rights and interests are protected throughout the process.