Orange County Divorce Lawyer Blog

Here is an interesting article found here on annulment vs. divorce and its effect on your finances.

Here are the highlights of the article:

Unlike divorce, which recognizes that a marriage has an official beginning and end, an annulment retroactively declares the marriage to be null and void. "When a couple gets an annulment, it's as if the marriage never existed to begin with," says Kristin D. Hofheimer, a divorce attorney in Virginia Beach, Va.

What that means for your finances is this: In an annulment, the courts do their best to restore the individuals to their original financial state. So, what money and property you brought into the marriage is what you should walk away with, including any debt you brought into the marriage. Joint assets and debt accumulated together during the marriage are typically divided equitably.

But qualifying for an annulment isn't a walk in the park, as certain grounds must be met in order for it to be granted.

Here are some of the more common reasons an annulment may be allowed:

•If fraud or concealment is involved, such as one party keeping important information from the other, such as a drug addiction or a felony.
•The refusal or inability of one party to consummate the marriage.
•The determination that the two parties are close relatives and are in an incestuous marriage.
•The determination that one or both parties were unable to consent to marriage because of a lack of understanding, such as the case of someone who is mentally ill.

While marriages of any length can be annulled, many states have time limits for filing based on when the grounds for annulment took place. For example, in Illinois, if you want to get an annulment because of fraud, you have 90 days to make the claim after you learn about the fraudulent event. In Minnesota, if you want an annulment because one party is unable to consummate the marriage, you must file the motion within one year.

As we all know (whether it was a publicity stunt or not), Kim Kardashian and Kris Humphries are ending their marriage. If you watched "Keeping up with the Kardashians", then you know that Kim was given a giant 20-something karat engagement ring by Kris. Now that the couple is splitting, does Kim have to return her giant engagement ring?

From an Orange County divorce attorney's perspective, the answer is yes and Kim should return it anyway because she broke off the marriage and will no longer be married to Kris. Pursuant to Civil Code Section 1590, it states as follows:

"Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it
is given up by mutual consent, the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found by a court or jury to be just."

Although the code states "refuses to enter into the marriage", it would seem fair for Kim to return such an expensive ring even though they entered into the marriage and broke it off 72 days later.

Additionally, there are other civil causes of actions that Kris could file in an attempt to get the ring back. For instance, he could allege negligence, fraud (which he is doing through his Response for an annulment), deceit and intentional infliction of emotional distress, just to name a few.

If you are contemplating filing for a divorce in Los Angeles or Orange County, contact an Orange County divorce lawyer for more information.

I previously covered the topic of filing for an Orange County or Los Angeles County annulment here. Now, it has been reported that Kris Humphries is seeking to annul his marriage to reality star, Kim Kardashian. By filing for an annulment, its as if the marriage to Kardashian never occurred.

Pursuant to Family Code section 2210, the following are factors one must satisfy in order to annul a marriage in an Orange County or Los Angeles County court.

"A marriage is voidable and may be adjudged a nullity if any
of the following conditions existed at the time of the marriage:
(a) The party who commences the proceeding or on whose behalf the
proceeding is commenced was without the capability of consenting to
the marriage as provided in Section 301 or 302, unless, after
attaining the age of consent, the party for any time freely cohabited
with the other as husband and wife.
(b) The husband or wife of either party was living and the
marriage with that husband or wife was then in force and that husband
or wife (1) was absent and not known to the party commencing the
proceeding to be living for a period of five successive years
immediately preceding the subsequent marriage for which the judgment
of nullity is sought or (2) was generally reputed or believed by the
party commencing the proceeding to be dead at the time the subsequent
marriage was contracted.
(c) Either party was of unsound mind, unless the party of unsound
mind, after coming to reason, freely cohabited with the other as
husband and wife.
(d) The consent of either party was obtained by fraud, unless the
party whose consent was obtained by fraud afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with
the other as husband or wife.
(e) The consent of either party was obtained by force, unless the
party whose consent was obtained by force afterwards freely cohabited
with the other as husband or wife.
(f) Either party was, at the time of marriage, physically
incapable of entering into the marriage state, and that incapacity
continues, and appears to be incurable."

In the most common of cases, a party will seek to annul his or her marriage because after marriage, the other spouse refuses to engage in "sexual relations" with the other spouse. Another example would be if a party stated that she wanted to have children and then husband refused after the parites married. It will be interesting to see under what grounds Humphries is seeking an annulment.

To determine if you should seek an annulment of your marriage, contact an Orange County divorce lawyer for more information.

Source: Kris Humphries to file for Separation Not Divorce: Sources

Various media outlets are reporting that the newest "celebrity" couple that may be headed to divorce court are Chelsea Clinton and Marc Mezvinsky. Specifically, the National Enquirer is reporting that Marc recently quit his banking job and has left to Wyoming to ski. Meanwhile, Chelsea remains in New York and now reportedly, she wants to annul her marriage. Further, Chelsea wanted to start a family and Marc opposed it. Naturally, Chelsea's parents, Bill and Hilary, have reported that they want to be grandparents soon. In fact, Hilary has stated that she wants to be a grandparent more than she wanted to be president. Let's hope these two can work on their differences and make their marriage last. Afterall, it was only last Summer that these two got married in a $5 million wedding!

Speaking of annulments and from an Orange County divorce lawyer perspective, what is needed in California in order to annul a marriage?

Pursuant to Family Code section 2210, the following are factors one must satisfy in order to annul a marriage in an Orange County or Los Angeles County court.

"A marriage is voidable and may be adjudged a nullity if any
of the following conditions existed at the time of the marriage:
(a) The party who commences the proceeding or on whose behalf the
proceeding is commenced was without the capability of consenting to
the marriage as provided in Section 301 or 302, unless, after
attaining the age of consent, the party for any time freely cohabited
with the other as husband and wife.
(b) The husband or wife of either party was living and the
marriage with that husband or wife was then in force and that husband
or wife (1) was absent and not known to the party commencing the
proceeding to be living for a period of five successive years
immediately preceding the subsequent marriage for which the judgment
of nullity is sought or (2) was generally reputed or believed by the
party commencing the proceeding to be dead at the time the subsequent
marriage was contracted.
(c) Either party was of unsound mind, unless the party of unsound
mind, after coming to reason, freely cohabited with the other as
husband and wife.
(d) The consent of either party was obtained by fraud, unless the
party whose consent was obtained by fraud afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with
the other as husband or wife.
(e) The consent of either party was obtained by force, unless the
party whose consent was obtained by force afterwards freely cohabited
with the other as husband or wife.
(f) Either party was, at the time of marriage, physically
incapable of entering into the marriage state, and that incapacity
continues, and appears to be incurable."

In the most common of cases, a party will seek to annul his or her marriage because after marriage, the other spouse refuses to engage in "sexual relations" with the other spouse. Another example would be if a party stated that she wanted to have children and then husband refused after the parites married. This may very well be the case surround Chelsea and Marc. Only time will tell.

To determine if you should seek an annulment of your marriage, contact an Orange County divorce lawyer for more information.

Source: Chelsea Clinton, Marc Mezvinsky Headed for Divorce?