When a marriage ends, most couples navigate the process of divorce (also known as "Dissolution of Marriage" in California) or a legal separation. However, there is another, less common option in California family law: annulment, or "Nullity of Marriage." If you are a California resident facing the end of your marriage, understanding the fundamental differences between annulment and divorce is the critical first step toward choosing the right path.
What is a Divorce (Dissolution of Marriage)?
Divorce is the legal process that terminates a valid marriage. In California, which is a no-fault state, you do not need to prove wrongdoing by your spouse; you simply need to cite "irreconcilable differences".
The divorce process addresses key issues involved in ending a marriage, such as:
Property Division: California is a community property state, meaning marital assets and debts are typically divided equally (50/50).
Child Custody and Support: Creating a new co-parenting plan, including legal custody, physical custody, and child support arrangements.
Spousal Support (Alimony): Determining if one spouse will pay support to the other, based on various factors.
A divorce essentially dissolves the marriage from the date the judgment is entered, allowing both former spouses to legally remarry.
What is an Annulment (Nullity of Marriage)?
In contrast to divorce, an annulment is a legal declaration that a marriage was never valid to begin with. It is not about ending a valid marriage but about recognizing that a marriage should not have occurred due to a fundamental defect.
An annulled marriage is treated legally as if it never existed. This means the court does not address property division, as there is technically no "marital property" in the legal sense. However, the court does still retain jurisdiction to make orders regarding the couple’s minor children, including child custody and child support.
Annulments are granted under very specific, limited grounds, and the most common include:
Incest or Bigamy: The marriage is illegal (void) because the parties are closely related or one party is already married.
Fraud: Consent to marry was obtained by fraud, and the fraud was fundamental to the marriage. This is one of the most common and complex grounds for annulment.
Lack of Capacity: One or both parties were physically or mentally unable to consent to the marriage.
Force: Consent was obtained through force.
Underage: One party was under 18 at the time of marriage and did not have the necessary parental or court consent.
If the court determines the legal grounds for annulment are not met, the case will almost certainly be converted to a traditional divorce proceeding.
Choosing the Right Path
The choice between annulment and divorce hinges entirely on whether your marriage was legally valid. If you cannot prove one of the legal grounds for annulment, divorce will be your necessary legal route.
Because annulment proceedings require proving a specific legal ground, they are often more complex and more contested than a no-fault divorce. The time constraints and strict legal standards for proving an annulment can be challenging.
Navigating these intricacies requires experienced legal counsel. Our compassionate approach is designed to guide you through this difficult time with dignity, ensuring your family’s best interests are prioritized, whether through mediation or aggressive litigation.
Need Guidance on Your Options? Contact Us.
Deciding between annulment and divorce in California is a major legal and personal choice that will impact your future. If you are considering either option, reach out to the experienced family law attorneys at Law Offices of Makupson & Howard today. We offer sincere and resilient legal counsel to help you determine the best legal strategy for your unique situation.
Call us at (888) 328-2734 to request a consultation.