Retain Counsel from Our San Bernardino Divorce Lawyers
It is important to understand that a marriage considered to be “void” is one that is never recognized as a legal marriage. For example, an incestuous or bigamous union would be considered a void marriage. It should be noted that even it is a void marriage, you will still need to obtain a nullity decree reflecting that the marriage was void before one can remarry. A “voidable” marriage, on the other hand, is a legal marriage that can be annulled with the filing for a decree of nullity if certain conditions are present.
The help of a skilled San Bernardino family law and divorce attorney is invaluable in cases such as these. The Law Office of Michael R. Young has been AV® rated by Martindale-Hubbell® due to our commitment to excellence and unwavering dedication to our clients. We have also been A+ rated by BBB and obtained a 10/10 “Superb” rating on Avvo, among other awards and recognitions. With over four decades of collective experience, we can capably guide you through whatever circumstances you face.
Begin your case with a free consultation. Give us a call now at (909) 315-4588.
Reasons for Getting an Annulment
Note that even marriages that have lasted a long time are able to be annulled when the criteria for nullity is presented. In other cases, short-lived marriages may need a formal dissolution (divorce) if no conditions for nullity are present. There are many reasons that a person can file for an annulment.
- Frequent reasons for annulment include:
Physical Incapacity (CA Fam § 2210(f)) -
If either party was “physically” incapable (unable to engage in normal copulation) when he or she entered into the marriage and such incapacity appears to be incurable, then an annulment can be obtained.
Fraud (CA Fam § 2210(d)) -
If a marriage was entered into fraudulently and the defrauded party was unaware of the fraud, then an annulment can be obtained. However, if the defrauded party became aware of the fraud and freely cohabited with the other party, then a dissolution proceeding would be required in order to terminate the marriage. It is important to note that the fraud commitment must have been “vital to the relationship” and had a direct effect on the marriage. Examples of such fraud include concealing an existing pregnancy or sterility, never having the intent to consummate the marriage, or never intending to end a sexual relationship with another party.
One or Both Parties Are Not of Legal Age (CA Fam § 2210(a)) -
An annulment can be obtained when one or both parties was under the age of lawful consent (18 years) and failed to obtain the required parental or court consent. However, if the underage party becomes 18 during the course of the marriage and “freely cohabitates with the other party as husband or wife,” then an annulment cannot be obtained in order to terminate the marriage
Turn to Our Experienced Family Law Attorneys in San Bernardino
Annulments are not always easy to obtain and nullity causes of actions are often subject to certain Statutes of Limitations. In addition, if children are involved in the union, parentage will need to be established and the matter becomes more complex. As with most legal matters, it is always prudent to consult with a San Bernardino family law attorney. Annulments can be complex; however, with the help of a knowledgeable lawyer, you can ensure that your rights and best interests are correctly advocated for.
With over 40 years of collective experience, our firm can guide you through the annulment process.
- Thinking about filing for divorce
- Concerned about custody of your children
- Worried about the division of your property
What is a contested divorce
When spouses don’t agree on an issue, whether it involves child custody or spousal support, a divorce is considered contested. It is the most complicated type of divorce, as a couple will need to go through numerous steps to finalize their divorce. Since contested divorces often go to divorce court with a judge, having legal representation during the trial is crucial.
How is spousal support or alimony calculated
There are numerous factors considered when a judge is determining how much and how long alimony should be paid. Some of those factors include the earning capacity of each spouse, how long the marriage lasted, the standard of living during the marriage, each spouse’s health and age, marital debts and property, and the sacrifices each spouse made during the marriage (such as staying at home with the children so the other spouse could work).
Who pays child support and how is child support determined
The noncustodial parent will be responsible for child support if the court determines it is necessary or parents come to an agreement to be approved by the court. The factors used to determined child support include the income / earning capacity of each parent, the number of children shared, each parent’s expenses, child care expenses, and other related issues.
How is property divided
California is a community property state. That means each spouse is given 50% ownership of the property accumulated during the marriage. This can include homes, vehicles, art, checking accounts, retirement / pension funds, small businesses, and other valuables. Items, accounts, or valuables that were kept separate throughout the entire marriage may be considered separate property and are therefore not subject to property division laws.
How long does it take for a divorce to be final
This can depend on a number of factors, such as whether it is a contested or uncontested divorce. Even if a divorce is uncontested, there is a six-month waiting period in California for the judge to grant a divorce. Likewise, those seeking contested divorces must wait six months for a trial to be ordered. How quickly a divorce is finalized will also depend heavily on how easily spouses agree on matters such as child support, property division, alimony, child custody, and other important matters.
Why should I hire a family law and divorce attorney
Going through a divorce or family law dispute can be complicated, confusing, and emotional. Regardless of whether spouses or family members think they are on the same page, having an attorney who is looking out for the best interests of the client can be invaluable. When you hire an attorney, you can have peace of mind knowing your rights and interests will be protected throughout the process. It can also take a great burden off your shoulders during a volatile or emotionally challenging time.
With more than 40 years of combined experience, our divorce and family lawyers are compassionate, caring professionals.
e understand how challenging family law disputes can be, whether involving a heated child custody battle or a complex divorce. As a firm with an AV Preeminent® rating and a 10.0 Superb Avvo rating, we are committed to maintaining a standard of excellence in our representation. Why? Because we know that your family and your future is on the line. When you retain us, you are getting understanding, knowledgeable advocates on your side.
With over four decades of collective insight, we are well-versed on handling even the most complex family law issues in California, from grandparents’ rights to domestic violence and restraining orders. When you need a compassionate family law attorney that you can trust to have your best interests in mind every step of the way, turn to our firm.
Our legal team strives to secure a favorable resolution as quickly as possible—whether in or out of court. Call us now at (909) 315-4588 to schedule your free consult.
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