Fontana Annulment Lawyer
Under certain circumstances you might be able to separate from your spouse by annulling the marriage, thereby eliminating the need to go through a divorce. To find out if your case qualifies, consult a Fontana annulment lawyer.
There are a number of different ways to end a marriage in California. One of these is an annulment, which will prevent the need to go through the divorce process. However, annulment is only available if your marriage began under certain circumstances.
If you aren’t sure if your marriage is eligible to be annulled, a Fontana annulment lawyer from the Law Office of Laurence J. Brock can help you make the determination and guide you through the process if you do qualify.
Annulment vs. Divorce
An annulment makes a marriage null and void, meaning that as far as the law is concerned, it never actually happened.
A divorce, on the other hand, acknowledges the former marriage and separates your property and parental responsibilities accordingly.
Qualifying for a Marriage Annulment
Certain conditions must apply to your marriage in order for you to receive an annulment. These include all of the following:
- Being less than eighteen years old when you were married or entered into a domestic partnership
- One or both parties not being of sound mind at the time of the marriage
- The existence of fraud, such as one spouse failing to disclose the existence of children
- One party being married to someone else at the time
- An inability to physically consummate the marriage
- Being forced to marry under physical violence or its threat
In short, an annulment is not available when two parties simply no longer want to be married—unless one of these factors is also present. Your Fontana annulment lawyer can review your circumstances and let you know if you qualify.
Risks and Rewards of Marriage Annulment
There are certain risks involved with receiving an annulment. For example, you will have no rights to the property or assets of your spouse. Whatever you first came into the marriage with is what you will leave with. Spousal support will not be an option, either.
Children born of an annulled marriage will no longer have an automatic legal tie to the father. Parentage will need to be established through the legal system.
The primary benefit of an annulment is that the marriage is considered to have never existed. You do not have to disclose your marriage or separation to anyone because neither ever happened as far as the law is concerned. This can be beneficial for both personal and religious reasons.
Annulment Statute of Limitations
There is a set legal time constraint that limits how long you have to file for an annulment. You need to retain a Fontana annulment lawyer and petition the courts prior to reaching this statute of limitations.
If you were a minor at the time you were married, you have four years in which to file after turning eighteen. The four year time limit also applies to those interested in annulling due to force, inability to consummate, and fraud. In these situations, the clock starts once you have discovered the problem.
In cases where an annulment is desired due to unsound mind or the discovery of a prior marriage, an annulment can be requested at any time.
Consult a Fontana Marriage Annulment Lawyer
Find out if your marriage qualifies for an annulment by scheduling a free consultation with the Law Office of Laurence J. Brock. Securing an annulment requires legal assistance and an understanding of state law, making it within your best interests to work with an experienced family law attorney.
To start the process, complete the form below or call 909-466-7661 and arrange a time to discuss your case with a Fontana annulment lawyer.