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Hanford Annulment Lawyer

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In California, couples may choose to seek an annulment, especially those who, for a wide range of reasons, would rather avoid a traditional divorce or legal separation. Some couples may wish to seek an annulment to bypass the stigma that can accompany a divorce and or wish to maintain the ability to have a religious wedding in the future. An annulment can also be used to protect assets. Whatever your reasoning, a Hanford annulment lawyer is here to help.

Defining Annulment in Hanford, California

An annulment (or “nullity of marriage”) is when a court declares that a marriage is not and has never been legally valid. Under California law, an annulment may be obtained when the marriage was the result of force, fraud, or physical or mental incapacity, if one of the spouses was too young to legally marry, or one of the spouses was already married. Because of the limited legal justifications for an annulment, annulments are very rare. Courts do not grant annulments simply because a marriage was very short, even if both parties jointly request the annulment.

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Instances which could justify an annulment include:

  • Intoxication or substance abuse caused lack of consent by either party.
  • After the marriage, one of the parties learned for the first time that the other had been declared legally insane.
  • The parties to the marriage are related by blood.
  • One of the parties was under age 18 at the time of the marriage and did not have his/her parents’ consent to marry and was not previously emancipated.
  • One party was previously married to someone else but had not obtained a divorce from that prior spouse at the time of this marriage.
  • One party did not believe the marriage was legal.
  • Consent of one party to the marriage was obtained by force.
  • One party misrepresented or concealed impotency and/or the inability to engage in sexual relations with the other spouse.

If you are unsure whether your circumstances would permit you to obtain an annulment, we would be pleased to discuss the matter with you during your initial, free consultation.

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divorce With years of experience in family law, Chase Family Law is committed to offering personalized legal services tailored to the unique needs of each client. Our practice focuses on a wide range of family law matters, ensuring that every family receives the attention and expertise they deserve. We pride ourselves on our compassionate approach and our dedication to achieving favorable results for our clients.

The Effects of an Annulment

Getting an annulment might seem like a good idea for many couples, and for some, seeking this route instead of a traditional legal separation or divorce is right for their situation. However, it is important to keep in mind some of the effects of an annulment, including:

  • There is no validity in an annulled marriage.
  • Children who are born from an annulled marriage will be presumed to have been born with single parents.
  • Paternity must be established to protect any child custody or visitation rights and child support.
  • The courts in California will have no legal authority to grant spousal support or divide assets, property, or debts between the couple, as the marriage will not be considered legally valid once annulled.
  • Seeking an annulment can involve several high familial and financial stakes.

An annulment may be right for one couple and not for another. This is one of the many reasons why speaking with a California annulment lawyer before entering the annulment process is a good idea to ensure that this legal decision is right for your situation.

The Difference Between an Annulment and a Divorce

In California, when a couple seeks a divorce, this process will formally dissolve the marriage and initiate all legal ramifications that come with ending a marriage, such as property division and child custody matters. Contrastingly, an annulment can void the marriage completely, making it seem as if it never happened in the first place. However, the courts cannot award child custody rights or spousal support in annulment situations.

The Annulment Process in California

If you wish to seek an annulment, the process itself is similar to the process of seeking a divorce. In order to pursue an annulment in California, you will need to complete the following steps:

  • Gather and correctly fill out all required legal forms and paperwork.
  • Retain an attorney to review the forms to ensure everything is filled out properly.
  • Make copies of your forms before filing them with the county court clerk.
  • Serve copies of the forms to your spouse.
  • After the papers are served, you must allow your spouse up to 30 days to officially respond.
  • Finally, a court hearing must be scheduled and attended.

We Can Help With Your Annulment in Hanford, California

If you believe that your marriage should never have taken place and wish to pursue an annulment, Chase Family Law is here to help. We can offer you detailed guidance as we review your situation and counsel whether an annulment is the right move for you. Contact our office today for more information and to schedule your initial consultation with our attorney.

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