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Reasons to Have a Marriage Annulled

Posted on in Divorce

CA divorce lawyerRegardless of certain cultural and religious backgrounds, marriages do not always work out, even if a religion forbids or strongly discourages divorce. In these circumstances, having the marriage annulled (essentially erased) may be more desirable than a divorce. The benefits of an annulment include the following:

  • It can appease the demands of certain cultures or religions that say divorce is forbidden;
  • It erases all evidence of the marriage having taken place;
  • It may be less expensive than most divorces; and
  • An annulment is faster than a divorce.

An annulment can be finalized very quickly, compared to a divorce, because of the following:

  • No need to distribute marital assets because there are virtually none;
  • Child custody and child support will likely not be a concern due to the short duration of the marriage;
  • Alimony or spousal support is not relevant; and
  • In California, there is a mandatory six-month waiting period that both partners must have been living in the state, and three in the county, before a divorce can be finalized, under California law. This is another reason to consider an annulment, if at all possible, because there is no mandatory wait time.

However, there must be specific circumstances within the marriage for it to be annulled, and the marriage must have taken place fairly recently. A San Jose annulment attorney can help answer any of your questions surrounding divorce or annulment. Below are some reasons that would legally justify an annulment.

  • Mental Impairment: A spouse has a mental impairment or had a mental impairment at the time of marriage, and that impairment meant that they lacked the ability to consent to the marriage. This includes having a brain injury, being intoxicated or drugged, or having a mental disability.
  • Physical Impairment: A physical impairment may have an impact on a marriage decision or the ability to conceive children. Impotence may mean that the marriage cannot be consummated.
  • Force or Coercion: If one spouse was forced into a marriage or coerced into it, they certainly have a right to annul the marriage.
  • Fraud: All too often people get tricked by a particularly deceptive or sociopathic liar into marriage for one reason or another. In these cases, an annulment may be a good choice.

Speak to an Annulment Attorney Today

Divorce is becoming more accepted in some religions, as shown in the decline in Catholic annulments, according to the Washington Post. But that does not mean that divorce is right for you. If your marriage was entered under false pretenses, you need to talk to the skilled San Jose annulment attorneys of Gemma V. Reyes today. While annulments are generally faster and less complicated than divorces, there are complications that can arise during annulment, such as proving the legitimacy of the legal grounds for annulment. Furthermore, marriages that have been going on longer than a few weeks or months may be more difficult to have annulled.

 

Sources:

http://www.courts.ca.gov/1224.htm

https://www.washingtontimes.com/news/2014/oct/15/annulments-plummet-among-us-catholics-amid-fewer-m/

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