Best Annulment Lawyers in Victorville

About Annulment Law in Victorville, United States

Annulment is a legal process that declares a marriage null and void, as if it never legally existed. Unlike a divorce that ends a valid marriage, an annulment establishes that the marriage was invalid from the beginning. In Victorville, which is governed by California state law, annulments are granted under specific circumstances outlined in the California Family Code. Annulments are relatively rare and only granted when very particular legal grounds can be proven.

Why You May Need a Lawyer

Many individuals embarking on the annulment process in Victorville benefit from legal guidance. This is primarily because the laws surrounding annulment are complex and the grounds must be fully substantiated with evidence. You may need a lawyer if:

• You are unsure if your marriage qualifies for annulment under California law
• Your case involves complicated facts, such as allegations of fraud or force
• You are concerned about the division of property or child custody during an annulment
• The other party is contesting the annulment
• You have received legal paperwork and are unsure how to respond
• You want to ensure your rights are fully protected throughout the process

Local Laws Overview

Annulment in Victorville falls under California Family Code sections 2200 to 2210. Victorville is within San Bernardino County and must follow these state guidelines. Key points include:

• Grounds for annulment include bigamy, incest, unsound mind, fraud, force, physical incapacity, or if one party was underage at the time of marriage.
• Strict time limits apply to many types of annulment actions. For example, actions based on force, fraud, or physical incapacity must generally be filed within four years of the incident or marriage.
• No division of community property is required, since the marriage is considered never to have been valid.
• Children of an annulled marriage are still considered legitimate, and child custody and support decisions are made in the same manner as in a divorce.
• Filing for annulment begins with a Petition for Nullity of Marriage in the Superior Court of San Bernardino County, with subsequent service of papers and possible court hearings.

Frequently Asked Questions

What is the difference between annulment and divorce?

An annulment declares that a marriage was never legally valid, while a divorce ends a valid marriage. Annulments require specific grounds, whereas divorce can be granted for "irreconcilable differences."

What are the grounds for annulment in Victorville, California?

Common grounds include bigamy, incest, unsound mind, force, fraud, physical incapacity, or if one spouse was under the legal age at the time of marriage.

If I get an annulment, does my marriage record disappear?

No. The marriage record remains, but the legal effect changes to reflect that the marriage was invalid.

How long do I have to file for an annulment?

The timeline depends on the grounds. For example, annulment based on fraud or force must be filed within four years from the date of discovery or the incident.

Does an annulment affect child custody or support?

No. Custody and support are decided as they would be in a divorce proceeding, ensuring the welfare of the children is protected.

Can property acquired during the marriage be divided in an annulment?

Generally, there is no division of community property, but the court may require property to be returned to its original owner if needed.

Do I need to attend court for an annulment?

Often yes, especially if your spouse contests the annulment or if the court needs more information before making a decision.

What is the cost of an annulment in Victorville?

There are filing fees required by the court, and additional costs if you hire an attorney. Some people may qualify for a fee waiver through the court.

Can a religious annulment substitute for a legal annulment?

No. Only a court-issued annulment has legal effect in California. A religious annulment may be recognized by your faith, but not by the state.

Is it possible to contest an annulment?

Yes. The other party can contest the grounds for annulment, which may necessitate further court hearings and evidence.

Additional Resources

Here are some resources that can help individuals seeking more information or assistance regarding annulment in Victorville:

• San Bernardino County Superior Court Family Law Division: For filing forms and accessing local court procedures.
• California Courts Self-Help Center: Offers guides, forms, and instructions for family law matters including annulment.
• Legal Aid Society of San Bernardino: Provides free or low-cost help to those who qualify.
• State Bar of California Lawyer Referral Service: For referrals to qualified family law attorneys in the Victorville area.

Next Steps

If you believe your marriage might qualify for an annulment, consider taking the following steps:

• Gather all relevant marriage and personal documentation.
• Consult with a qualified family law attorney to assess your eligibility and best course of action.
• Visit the San Bernardino County Superior Court to obtain the necessary forms or seek guidance from the court's self-help center.
• File a Petition for Nullity of Marriage and follow all procedural requirements, including serving the other party properly.
• Prepare for the possibility of mediation or court hearings, especially if your case is contested.

Seeking professional legal advice is strongly recommended to ensure you understand your rights and the implications of an annulment. Acting promptly and with proper guidance can help you navigate this complex legal process with greater confidence.