People file for annulment for several reasons. Since an annulment deems the marriage invalid, spouses don’t need to be concerned about the division of assets and properties. This means the property will be assigned to its original owner, just like how it was before the marriage took place. Another reason is the very nature of the annulment: it nullifies the marriage and therefore considers it void. An annulment can be viewed as a declaration that two people were never legally married. There are plenty of other reasons that make annulment an attractive option for people who don’t want to go through a divorce.
In California, divorce is a common way through which people choose to end a marriage. But aside from divorce, there are alternatives like annulment and legal separation. The main difference between annulment and legal separation is the termination of marriage. An annulment deems that the marriage is invalid and therefore results to a setup as if the marriage did not take place in the first place. Legal separation on the other hand does not put an end to marriage. Rather, it outlines the rights and responsibilities of spouses who choose to live separate lives.
SantaBarbaraDivorceLawyer.com mentions several factors which can influence a decision to grant an annulment. These are:
- Incest, or when the spouses were closely related
- One spouse went through a mental or physical incapacity during the marriage
- Fraud or duress was utilized to persuade the other party to marry
- One of the spouses was under 18 years of age at the time of marriage and lacked consent from parents
- One of the spouses was still married to another person
- One of the spouses was under the influence of alcohol or drugs at the time of the marriage
These are some of the factors that a judge can use as a basis of granting an annulment. Now when it comes to determining if your marriage is eligible for annulment, the surest way to find out is to contact a divorce attorney at Kaspar & Lugay, LLP. Their Santa Barbara divorce attorneys know the ins and outs of obtaining an annulment of marriage in the state of California where strict measures are being implemented when it comes to divorce and alternatives to divorce like annulment. At Kaspar & Lugay, you’ll have the legal counsel and representation provided by no less than the best divorce lawyer who will help you efficiently assess your rights and your options.