Annulment Services Available in San Leandro
Annulments are an often-misunderstood concept from a legal perspective, but there are cases in which they should be used and can help protect vulnerable people. An annulment can be complex, so it’s important to understand the theory behind an annulment and the legal requirements for annulment in your state.
Our legal practice has been serving people in the Bay Area for decades, and we specialize in all types of family law. It’s our passion to help people in our community receive fair and just outcomes for many scenarios, including adoption, divorce, separation, annulment and much more.
In the sections to follow we will discuss annulments by answering some common questions about this legal avenue for voiding a marriage and give you some insight as to how our team of experts can help should you find yourself in a situation where an annulment is necessary.
How Is Annulment Different From Divorce?
When a couple goes through a divorce, in the eyes of the law their marriage ends when the divorce is finalized. When a marriage is annulled, legally the marriage never existed in the first place. While this might seem like a simple distinction, there are significant ramifications to the difference in a marriage ending and one which never happened.
When a marriage is annulled, there are no assets to divide because the couple was, legally, never married. Also, any children which were born to parents whose marriage was annulled are subject to different custody issues, and a member of the annulled marriage will not be eligible for alimony since they were never married. Essentially, since the marriage never happened then any actions taken by the couple become actions taken by two individuals, and sorting out these issues after the annulment can be complex.
Is Anyone Eligible For Annulment?
Annulment is a legal avenue for someone to exit a marriage they were coerced into entering, did not have the mental capacity to enter or entered under false pretenses. In the same way a person can’t be held liable for a contract if they were lied to, signed it under duress or didn’t have the capacity to sign it, an annulment exists to keep people from being taken advantage of.
For this reason, not all marriages can be annulled and you must prove you fall into one of the aforementioned categories to be granted an annulment from a judge. Depending on your circumstance, you also could have a statute of limitations on when to file for the annulment.
How Can An Attorney Help?
An experienced family attorney can help you understand if you are eligible for annulment, walk you through the process of annulling your marriage and help you protect your assets after annulment. Annulling a marriage is never an ideal situation, but it can help people who would otherwise be taken advantage of in a marriage relationship.
If you have more questions about annulment, we are happy to help. Give us a call or schedule an appointment online to speak with a professional legal expert today.
