Annulment vs. Divorce

Blog-2-8.4.14

There are two ways to end a marriage, either an annulment or a divorce.  The most common way to end a marriage in California is through a divorce.  Most people will get a California divorce due to irreconcilable differences.  The other option is through incurable insanity, which is rarely used.  California is also a no-fault divorce state, so if one partner wants to end the marriage, the other party has no choice.  In order to get a California divorce, you have to meet certain residency requirements.  First, you would have to be a resident of California for at least 6 months and a resident of the County in which you are filing for at least 3 months prior to the filing of the Petition for Dissolution.  If you meet these requirements, you can go ahead and proceed with the filing for divorce.

The other method to end a marriage in California is through an annulment. A judgment for nullity may be granted only when a marriage is deemed void or voidable.  To simply things, a marriage is void in cases involving incest and bigamy.  A marriage can be voidable in cases involving a minor, one person is of unsound mind, fraud, force or physical incapacity.

A void marriage is void from the beginning so technically, there was no marriage to begin with but it is better to obtain a Judgment for Nullity to eliminate doubt and so it becomes public record.

A voidable marriage is valid unless and until a Judge determines it a nullity.

Contact a Santa Ana Divorce Lawyer today for assistance. I can help.

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