Annulment of Marriage Lawyer in San Diego
What is the difference between divorce and an annulment of Marriage in San Diego?
In the state of California, a marriage can be ended either by divorce or through a process called annulment. It is important to understand the differences if you are thinking about ending your marriage, and why you should speak with an annulment of marriage lawyer in San Diego. While a divorce relies on the courts to terminate the marriage, an annulment removes the marriage from record, as if it never existed in the first place. This can only happen if the marriage was somehow illegal or considered invalid.
Another difference between a divorce and an annulment of marriage is around the division of property. In a divorce, any property like a home is generally considered community property and ownership needs to be determined as part of the terms of the divorce. But if a marriage is annulled, and in the state of California never really happened, then whomever acquired the property is the rightful owner. Also, after a divorce, a spouse can seek spousal support but since an annulment treats a marriage as if it never happened, spousal support can not be awarded.
These are just a few considerations to think of when choosing between a divorce and an annulment of marriage, and why you should speak to an annulment of marriage lawyer in San Diego at the Law Office of Kevin Lemiuex who is well versed and can guide you through the best option.
Here are a few common reasons for an annulment in the state of California:
- Bigamy – one spouse was already married at the time of their most current marriage
- If either party of the marriage was under the age of 18 years old
- Incest – the couple is blood related by either parents, children, siblings, descendants, aunts, uncles, nieces or nephews
- If somehow the consent of the marriage was fraudulent
- If either party is physically unable to consummate the marriage and the issue cannot be cured medically
- “Unsound mind” that proves they were not able to understand the obligations or terms of marriage
Managing Attorney Kevin Lemieux, with 17 years of trial experience, has represented hundreds of individuals and families, and received multiple certifications and awards. Mr. Lemieux is also a trial skills instructor at the National Institute for Trial Advocacy, where he teaches and mentors other lawyers.
Call the Law Office of Kevin Lemieux today for a free consultation to speak with a qualified San Diego annulment of marriage lawyer.