Everyone knows that emotions play a big role in a divorce proceeding. I can’t tell you how many times we’ve had an angry client come into our offices demanding that they not only want to split up with their spouse – they want the state to declare the entire marriage annulled as if it never existed!

As an experienced family law attorney in Ontario, CA, I’ve helped many clients who have decided to end a relationship with their spouse or domestic partner. One thing a family law attorney brings to the table during a divorce proceeding is a cool head and an objective perspective. If you’ve decided to end your marriage or domestic relationship it’s important to listen to the advice of your attorney then let emotions guide your actions.

The Differences Between Annulment and Divorce in California

An annulment is a case in point. Most people don’t understand the difference between a divorce and an annulment. Getting a divorce in California is fairly easy; having your marriage annulled may be impossible.

So, what is the difference between a divorce and an annulment in California? An annulment is a much more serious matter than a divorce. You aren’t simply asking the court to dissolve a marriage; you’re asking the court to declare the marriage null and void based on the assertion that it was never legal or proper to begin with.

Situations in Which a Marriage Can Be Annulled in California

There are some situations where a marriage is never legally valid in California. These include incest, where the two partners in a marriage or domestic partnership are close blood relatives; and bigamy, where one or both partners is already married or in a domestic relationship with another person. There are other circumstances in which the court may decide to annul a marriage, such as:

• Age. One or both of the partners was under the age of 18 at the time of the marriage.
• Mental illness. One of the spouses was of unsound mind at the time the marriage took place.
• Fraud. The marriage was literally a fraud, such as marrying a U.S. citizen in order to obtain a green card.
• Force. Force or intimidation was used to get one of the partners to agree to the marriage
• Physical incapacity. This usually means that one of the partners was unable to “consummate” the relationship.

If you are successful, it will be as if the marriage never took place. Unfortunately, an annulment can cause all kinds of legal headaches when it comes to child support and custody, dividing common property, and debt. If you are successful, it will be as if the marriage never took place. It’s also important to note that, unlike divorce, there is are statutes of limitation in California for filing for an annulment.

Speak to a Family Law Attorney in Ontario CA

During a divorce proceeding, it’s important not to let anger and other negative emotions guide your actions and speech. The best thing for everyone is to hire an experienced family law attorney to formulate a plan that works for all the parties involved.

With 20 years of experience and proven results you can trust, Torrence L. Howell is a family law attorney in Ontario, CA who can help you secure the best possible outcome for your case. Torrence L. Howell and his staff are with you every step of the way, from developing an initial strategy to protect your assets and interests to filing legal paperwork to fighting for you in court.

Contact the law offices of Torrence L. Howell through our website, or call us at (909) 920-0908 to schedule a free, initial consultation to discuss your case.