Sometimes, after you have been married for a while, you realize that your spouse is not who you thought he or she was. The fun-loving party animal you knew when you were dating might turn out to prioritize alcohol and weed over your relationship. The sheltered girl next door you fell in love with might have turned out to be a conspiracy theory-spewing bigot. Maybe you caught your spouse in so many lies during your first year of marriage that now you are not sure what to believe. If you were unsure about your spouse to begin with but only made a quick decision to get married because your parents were putting pressure on you, maybe it is now obvious that you do not want to stay married. Divorce is always an option, but if you can prove that your marriage is not legally valid, you might be able to get an annulment instead. If you need a divorce annulment, then the document preparation services of a California legal document assistant are an economical alternative to hiring a lawyer.
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…or continue reading the article below to learn more about annulment vs. divorce.
The Difference Between Divorce and Annulment in California
When a court issues you an order of dissolution (divorce) or annulment of marriage, you become legally single. Therefore, you gain the right to enter a new legally valid marriage. The difference is that, in a divorce, you are considered to have been legally married before the divorce judgment. An annulment means that the court declares that your marriage was never legally valid. The court still decides on division of property, parenting time, and child support. If a couple with children gets an annulment, the court usually requests a DNA paternity test before recognizing the man as the children’s father and awarding him parenting time. Annulment always requires a court hearing, but divorce only sometimes does.
Do You Qualify for an Annulment?
It is important to understand who can file for an annulment. Do you have the facts on your side to get an annulment? California law recognizes the following circumstances as valid reasons for an annulment:
- The marriage license or marriage certificate is valid or was never filed.
- One spouse was coerced into the marriage.
- One party was still legally married to someone else when the parties got married.
- One party was below the legal age of consent when the marriage began.
- One spouse was of unsound mind when he or she entered the marriage.
- Your spouse entered the marriage through fraud or deception.
- The parties are close blood relatives.
Statutory deadlines are important when seeking an annulment. For some of these situations, the deadline for filing for annulment is four years from the date of the marriage. In other cases, it is four years from the time you found out the truth about your spouse. In the case of bigamy, you can annul the marriage as long as your spouse is still alive.
A Legal Document Assistant can Help You Annul Your Marriage
Choosing a legal document assistant to prepare your annulment paperwork is less expensive than working with a lawyer. Contact A People’s Choice about court documents related to marriage annulment or divorce. Call us today at 800-747-2780.
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