As most people know, a divorce is the end of a marriage. It can be a complicated process that includes the division of assets, legal and physical custody, parenting time, spousal and child support, etc. The divorce is the end of a legal marriage with many details that have to be figured out before the final papers can be signed.
An annulment, on the other hand, may be granted when the marriage was not legal to begin with.
The two biggest reasons in which a marriage was never legally valid:
There are several other reasons why a marriage would be declared invalid after the fact:
Annulments have Strict Guidelines and Time Constraints
Unlike a divorce, which can be initiated at any point of the marriage, an annulment is subject to a statute of limitations. The time frame in which an annulment can be sought and granted varies depending on the grounds for the annulment.
An annulment can happen after children have been born or after property, or conversely, debt has been accumulated. With the annulment of the marriage, parentage of the kids is no longer assumed and parentage must be legally established before any consideration can be made about support or parenting time. The concepts of community property or spousal support also does not come into play except for very specific circumstances. This can make the division of property extremely difficult and contentious.
If you have any questions related to the differences between a divorce or an annulment, or you are dealing with the legal ramifications of an annulment, call the Law Office of Tracy Duell-Cazes at 408-267-4848.
1530 The Alameda, Suite 108
San Jose, CA 95126
TDC Family Law serves the entire state of California for Contempt of Court and Private Settlement Judge & Mediation
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