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Yelman & Associates

Yelman

San Diego Annulment Attorney

An annulment has the effect of invalidating a marriage or domestic partnership. An annulment may be an option when the marriage or domestic partnership did not meet certain legal requirements. Thus, an annulment is the equivalent of a non-union – the marriage or domestic partnership never existed. An annulment is different from a divorce because a divorced couple was once legally married, whereas the parties to an annulment were never legally married in the eyes of the law. In comparison to divorces, annulments are relatively rare. The San Diego divorce attorneys at Yelman & Associates represent clients who are seeking annulments.

Reasons for a California Annulment

In order for the court to annul a marriage or domestic partnership, there must be certain qualifications that rendered the marriage illegal. Some examples include:

  • Fraud – misrepresentation; married under false circumstances
  • Physical incapacity –  permanent sexual impotence or refusal to consummate the marriage
  • Underage – one or both  parties were under the legal age and without parental consent
  • Bigamy  – one of the parties was already married or in a  domestic partnership
  • Duress – one of the parties was forced to marry
  • Incest (consanguinity) – the parties were closely related by blood

An annulment may be difficult to obtain. It should be pointed out that an annulment is a “legal fiction” because on the one hand an annulment indicates that the marriage never occurred; however, there will be a legal record of both the marriage and the annulment. The laws are complicated and they require specific legal knowledge.

Child Custody and Property Issues Resulting from an Annulment are Complicated and Require Legal Expertise

Because an annulment invalidates the marriage, there can be no community property to divide and no child or spousal support. An annulment is a legal anomaly that raises unique issues:

  • If children were born or adopted during a marriage or domestic partnership that was later annulled, how will the custody issues be resolved?
  • If property was obtained during a marriage or domestic partnership that was later annulled, how will the property be divided?
  • Once an annulment is granted, how will future matters of property, child custody and other matters be treated and resolved?

These are just a few of the legal issues that may arise as a result of an annulment. Complex legal issues require the expertise of knowledgeable and experienced family law attorneys.

Complimentary Consultation with San Diego Family Annulment Attorneys

Yelman & Associates offer a complimentary telephone consultation to discuss your specific case circumstances. Please ask us the questions that are on your mind. We are compassionate, aggressive and attentive family lawyers who care deeply about our clients. You may have found yourself in an inexplicable situation where your marriage or domestic partnership may indeed qualify for an annulment. Your case will have to go before the court; we will help you obtain the best possible results for your particular circumstances. We answer your phone calls and keep you abreast of the developments in your case; this is your life and we are here to support you. For a complimentary phone consultation call Yelman & Associates at (619) 282-1107.

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(619) 282.1107
(760) 480.8400

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Yelman & Associates

3333 Camino Del Rio South
Suite 140

San Diego, Ca 92108

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