Interested in Obtaining an Annulment Rather Than Divorcing?
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by: JonD.Alexander,Esq.
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(1) Marital Dissolution; (2) Nullity; or (3) Legal Separation.
Are you a candidate for termination via nullity? Perhaps, but this remedy should only be sought where the validity of the marriage is in doubt. The difference between nullity of a marriage and martial dissolution is that they are based on opposing assumptions.
A marital dissolution actions terminate otherwise valid marriages on grounds that occur after marriage. However, a nullity is sought because the petitioner thinks that no valid marriage ever occurred because of some defect in the marital process or fraud occured at the time of the marriage.
That is, a nullity action asks a question? Was this marriage a valid marriage from the inception? A court must inquire as to whether the marriage was valid from day one.
Is your marriage a valid one or is there some doubt? Were all of your formalization procedures (like obtaining the license, solemnization, and authentication) performed correctly? If not, these could be potential grounds for nullity. However, a marriage may be void or voidable for other reasons including incest, bigamy, inducement by fraud or force, or where one or both parties were minors at the time of the marriage.
Supposing nullity is a viable option remember that there are disadvantages of a nullity proceeding, including but not limited to the following. You must proving grounds for a judgment of nullity. This is likely to be difficult and costly to prove. There are also potential statutes of limitations hurdles. And, fault play no role in a marriage dissolution proceeding. In a nullity proceeding, however, issues of innocence or fault are essential issues that relate to questions of support and an attorney fees and costs award, as well as determining property rights.
Spouses of an invalid marriage don't have community property rights. However, the property acquired during the void or voidable marriage that would have been community property if the marriage was valid, may be deemed quasi-marital property and will be divided in a nullity action as if it were community property. This only happens where putative spouse status is established (which means that spouse asserting putative spouse status had a good faith belief that the marriage is valid, he or she didn't fraudulent induce the marriage).
Even though there are clearly disadvantages of nullity, there are many benefits of Nullity as well including but not limited to the following. Will you please visit my site linked below to read about the benefits. And will you please schedule a free, confidential consultation while you're there. Thank you. Visit my site now!
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