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The power of a Family Court Judge – Annulment vs divorce

San Diego Divorce and Family Law Attorney, Paul Staley, released a new YouTube video to help individuals and couples decide: Annulment vs divorce

Annulments Instead of Divorce: It’s Not as Easy As You Think!

Marriage annulments are a bit of mystery. Does this mean that any marriage can be annulled? Not exactly. Read on more to find out the real truth behind marriage annulments!

Annulment vs Divorce : What is it?

If you’re granted an annulment, than your marriage is virtually erased in a legal sense. Even though a divorce does signal the end of a marriage, your divorce doesn’t wipe clean that marriage from your “record” so to speak.

Quick Marriages

Annulments are typically granted for cases outside of the more common “irreconcilable differences” cases, or those that result in joint custody for example. However, there are some exceptions that have further complicated the issue.

Quick marriages and annulments in Hollywood not only spark interest in the tabloids, but it also brings annulments front and center to the divorce conversation. Given how some quick celebrity marriages are ultimately annulled, it could imply that most quick marriages qualify for those same annulments. Right?

The truth is, most short and unsuccessful marriages wouldn’t qualify for a speedy annulment by a judge, unless both parties agree to it. Furthermore, even if a former partner tries to get the ball rolling with an annulment, the other party isn’t necessarily legally obligated to comply if they don’t want to.

Special Cases

There are a few circumstances that may lead a judge to instantly grant an annulment though. It often comes down to the reason for the divorce. Typically, divorce cases in California cite “irreconcilable differences” as the reason for the divorce. However, divorces that cite “fraud” are more easily annulled. These types of cases include marriages built on false motives, false identities or when one partner has existing spouses, resulting in a polygamous marriage unbeknownst to the other partner. Other cases include marriages to a minor, marriages between siblings and other rare cases.

Transcript of Paul’s Video

Annulment vs divorce

An annulment is basically a “do over”. It’s putting the parties in the position as if they had never been married. And it’s really much more difficult than people imagine to get an annulment. People have this idea, that if they’ve only been married a short time they can get an annulment. Not true. They have the idea that they have no children they can get an annulment. Also not true. There are very specific factors; very specific basis for getting an annulment. And those are all set out on page two of the petition form. Now, if you are curious as to what they are you can read them all right there. There’s, I could probably in a most of them from memory… A bigamist marriage. A fraudulent marriage — that’s a very popular one that’s the most popular allegation that I see. An incestuous marriage. There are others. I think there are six basis in total. Also it could involve a marriage to a minor file for an annulment within a reasonable time after reaching the age of majority. Can you get an annulment? You should assume “no” until you talk to some one who knows what it takes to get one.

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