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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. In other words, annulling a marriage is as though it is completely erased, legally, and it declares that the marriage never technically existed and was never actually valid. In this way an annulment is legally distinct from a divorce because a divorced couple was once legally married, whereas the parties involved in an annulment were never legally married in the eyes of the law. In comparison to divorces, annulments are relatively rare. It’s worth noting that, because divorce is concerned merely with the legal effects of marriage, while annulment is concerned with whether or not a true marriage was even formed, divorce is always a possibility, while nullity of a marriage is determined valid on a case to case basis

 The San Diego divorce and family law attorneys at Yelman & Associates often 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  recognized by the state that rendered any particular marriage illegal. In the United States, the laws governing annulment are different in each state. Although the grounds for seeking one can differ, as can factors that may disqualify a person for pursuing one, some examples of valid reasons for annulment include the following:

  • Fraud – misrepresentation or concealment of important facts that go to the essence of the marriage. 
  • Physical incapacity –  concealment of permanent sexual impotence or refusal to consummate the marriage
  • Mental incapacity – a person who is not legally capable of consenting to marriage based upon mental illness or incapacity, including incapacity caused by intoxication, may later seek an annulment.
  • 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 or threatened into agreeing to the marriage
  • Incest (consanguinity) – the parties were closely related by blood. While legislation slightly varies, most states typically prohibit marriages between a parent and child, grandparent and grandchild, or between siblings, and many restrict marriages between first cousins.

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 a successful annulment effectively invalidates the marriage, there can be no community property to divide and no child or spousal support. Thus, an annulment is a legal anomaly that raises some 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 purchased or obtained during a marriage or domestic partnership that was later annulled, how will ownership of the property be determined/how will it be divided?
  • Once an annulment is granted, how will future matters of property, child custody, child support, 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, like our team at Yelman & Associates.

Complimentary Consultation with San Diego Family Annulment Attorneys

At Yelman & Associates, we are familiar with the peculiarities and intricacies often characteristic of an annulment case. We 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 and the outcomes of our cases. You may have found yourself in an inexplicable situation where your marriage may indeed qualify for an annulment. Your case may 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, please call Yelman & Associates at (619) 282-1107 or you can fill out our online contact form.

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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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