San Diego Annulment Lawyer
In recent years, it has become common to hear about failed marriages that lead to divorce or annulment. There are many reasons why these failed marriages persist, often irreconcilable differences that both parties only discovered after they tied the knot. Should married couples reach this point, the law offers avenues for them to “end” the marriage. An annulment renders the marriage null and void.
However, before you take this step, it is important to consider the legal implications of annulment for you and your family. While there are legal resources available for people to check to learn more about annulment, each marriage is different. An annulment lawyer can help you understand the law better, start the process if it fits your situation, and serve as your legal representative during the proceedings.
Marc Shular Law has a great team of San Diego annulment lawyers ready to provide top-notch legal advice and support as you undergo annulment proceedings. Our team will guide you through these proceedings, assist with the documentation, and ensure the necessary arrangements are made to protect all parties once the annulment is finalized. You can also trust our legal team to inform you ahead of time should there be any issues that will affect the proceedings.
Call Marc Shular Law today at (858) 330-3519 for your Free Consultation with a San Diego Annulment lawyer!
Understanding Annulment
In California, an annulment will invalidate the marriage and see the “marriage” as false and non-existent. If approved, all documents and evidence indicating the marriage existed will be removed from the record. Divorce is the alternative to annulment, but certain grounds may cause lawyers to consider annulment for your situation.
Grounds for Annulment in San Diego, CA
Since annulment will render any marriage nullified when approved by the court, courts will be very strict with each annulment request they receive. There are several possible grounds for annulment that courts may consider to grant a couple their request, and they are as follows:
- The marriage is considered illegal or void marriages (incest or bigamy marriages)
- You or your spouse are under 18 at the time of your marriage
- You were tricked into getting married
- You were not of sound mind to get married
- You or your spouse is unable to consummate the marriage physically
- You or your spouse is still legally married to someone who you thought was dead but aren’t
- You were forced into the marriage
Whichever party requests the annulment must present specific evidence that one or more grounds existed during your marriage. The judge will not recognize your request if you do not present the right evidence. You can trust the San Diego annulment lawyers of Marc Shular Law to assist you in identifying if your case is strong or if it should be an annulment case or a divorce case instead.
Annulment Process in San Diego, CA
Filing for annulment in San Diego, CA is similar to a divorce proceeding, and the state even has straightforward and easy-to-understand processes to get it done. Petitioners do not also need to worry about passing a residency period requirement to file for annulment. They can apply for annulment anytime if they live in the city. However, knowing the statute of limitations for filing an annulment for specific reasons is important, as this will affect the court’s response to your case.
Down below are the timeline rules for specific annulment reasons:
- Underage marriage – Filing must be done within four years once you turn 18
- Married to another person – Either party can request annulment at any time before the first spouse’s death
- Forced marriage – Filing must be done within the first four years of the marriage.
- Fraudulent marriage – Filing can be done within four years after you discover the fraud.
- Unsound mind – Whether it is you or your spouse who was not sound of mind during the marriage, the annulment can be filed at any time before you or your spouse passes away. A trusted relative may be requested to stand in as a conservator if either you or your spouse is of unsound mind due to either physical or mental illness.
- Physical incapacity – Annulment must be filed within the first four years of the marriage.
If your case is within the statute of limitations and you file the necessary documents or forms, the papers will be served to the other party for their response. A court date must be scheduled to prove your filing is legitimate and that you asked the judge to order spousal support and property division. If the court sees that your filing is legitimate and has clear grounds for annulment, the court will issue an annulment order.
Let our San Diego annulment lawyers at Marc Shular Law assist you with your annulment filing and clear any concerns you may have. Our lawyers will also be ready to assist you in preparing the documents that will prove the validity of your request and guide you during the proceedings.
Effects of Annulment on Children and Property Division
When an annulment is approved, the California Family Code clearly states how the annulled couple’s children and property will be protected or handled.
In terms of the couple’s children, they will be seen as children born to single parents if the annulment is approved. To protect their rights, you or your spouse must ask the judge to establish your children’s paternity and sort out support and custody arrangements. Fortunately, California law covers the rights of children from annulled marriage and ensures that establishing paternity is easier.
Meanwhile, courts cannot award alimony or help couples with property division because the marriage is considered invalid after an annulment. Couples must separate assets, properties, and debts as they undergo annulment. Furthermore, spousal support and benefits will not be given by the other party once the annulment pushes through.
Considering these impacts on your children and your properties, it is best to seek the help of an annulment lawyer to find ways to resolve these issues before the annulment is filed or finalized. Marc Shular Law’s assigned annulment lawyer will review your situation and identify these impacts so that you can plan before the annulment is finalized.
Excellent Annulment Attorneys in San Diego, CA
At Marc Shular Law, we are committed to helping families facing legal troubles to have a more manageable experience in acquiring the right legal help and support. Our San Diego, CA family law firm has assisted many families with all types of family legal issues for years, including complex cases such as annulment. We will assign your case to one of our experienced lawyers, who will then review your case and provide the right legal assistance to help you deal with the case.
For annulment cases, our legal team will review your situation and see if it is within the statute of limitations before recommending the best legal action. If we see that your situation qualifies for annulment, we can assist you in getting the petition filed and ensure that the proceedings run smoothly. Your assigned lawyer will also represent you during the court proceedings and ensure your position is heard. If you need help to create arrangements for your children and your properties, you can trust us to find the best solution.
You can also trust our lawyers to inform you if an annulment does not fit your situation and explain why divorce may be the best option for your case.
Let’s Talk – Compassionate Legal Advice
An annulment is a serious decision that will have lasting impacts on all parties should the court approve it. But, if it is the right action to resolve any family issues you and your spouse have that affect your life, you can get legal help to get the proceedings done with minimal impact.
You can trust Marc Shular Law to assist you in this difficult time and ensure that you have legal support as the proceedings take place. We will do our best to guide you through the case and handle it carefully so that it will not cause negative impacts once it is finalized. Simply contact our hotline, and we’ll be ready to get started.
Call Marc Shular Law today at (858) 330-3519 for your Free Consultation with a San Diego Annulment lawyer!