Marriage Annulment Lawyer
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Best Marriage Annulment Lawyer in Arcadia
Are you considering filing for an annulment in Arcadia? Unlike divorce, annulment renders a marriage void and has certain benefits, particularly within certain religious communities that do not sanction divorce. Annulment is an uncommon, simplified process and may only be completed for specific reasons. Our annulment lawyer in Arcadia offers reliable assistance every step of the way
What Is an Annulment?
An annulment is a legal declaration that a marriage is void and of no legal effect, as if it never existed. It differs from a divorce, which ends a valid marriage. An annulment can only be granted in limited circumstances, such as fraud, bigamy, or lack of consent. Obtaining an annulment can be complex, and eligibility criteria may vary by jurisdiction. So if you’re seeking an annulment, speak with an experienced Arcadia annulment lawyer at Mohajer Law Firm.
What are the Legal Grounds for an Annulment in California?
In order to get an annulment in the state of California, you need to have the following legal grounds:
- Fraud: If one spouse concealed important information or lied about a significant fact that influenced the other spouse’s decision to enter the marriage.
- Bigamy: If one spouse was already married to another person at the time of the current marriage.
- Mental incapacity: If one spouse was of unsound mind or unable to understand the nature and obligations of marriage at the time of the wedding.
- Force: If one spouse was forced to enter the marriage against their will.
- Physical incapacity: If one spouse was unable to consummate the marriage due to a physical inability, and the condition was unknown to the other spouse at the time of the wedding.
- Underage: If one spouse was under 18 years of age at the time of the wedding and lacked the required parental consent or court order.
- Incest: If the marriage was between close blood relatives.
What Is The Difference Between Divorce and Annulment?
There are two ways to end a marriage: Divorce and annulment. Though different, the end result is the same. The differences between divorce and annulment include:
- Validity of the marriage: In divorce, the marriage is recognized as valid, and the divorce process ends the marriage. In an annulment, the marriage is declared void and treated as if it never existed.
- Eligibility criteria: Divorce can be obtained for any reason, such as irreconcilable differences or a marriage breakdown. An annulment can only be granted in specific circumstances, such as fraud, bigamy, or incapacity.
- Legal consequences: Divorce results in the division of assets and property and the resolution of other legal issues, such as child custody and spousal support. An annulment does not address these issues as it treats the marriage as if it never existed.
- Timeframe: Divorce can take several months to finalize, while annulment can be quicker in some cases.
The Process of Annulment in California
The process to end a marriage via annulment can seem overwhelming and complicated. Hiring a professional marriage annulment lawyer can help you successfully navigate the legal process while avoiding pitfalls. The steps include:
- File a petition: One spouse files a petition for annulment with the appropriate court and serves it on the other spouse.
- Response: The other spouse has the option to respond to the petition.
- Discovery: Both parties may gather evidence and information to support their positions through depositions, document production, and interrogatories.
- Hearing: If the case is not resolved through agreement or settlement, a hearing may be held where each party presents evidence and testimony to support their position.
- Decision: The court will issue a decision granting or denying the annulment.
- Appeal: Either party has the right to appeal the decision if dissatisfied with the outcome.
It is important to note that this is a general outline of the process, and each case is unique. It is recommended to consult with a top marriage annulment lawyer in Arcadia to ensure full understanding of the specific requirements and procedures applicable in your case.
Statute of Limitations for Annulment in California
In California, there is a statute of limitations for filing for an annulment. You must file for and annulment within the following time frames based on the grounds for annulment:
- Fraud: Within 4 years of discovering the fraud.
- Force or Duress: Within 4 years of the date the force or duress ceased.
- Incest: Within 4 years from the date the individual seeking annulment reached 18.
- Bigamy: Within 4 years from the date the individual seeking annulment knew or reasonably should have known that the prior marriage still existed.
- Physical Incapacity: Within 4 years from the date of the marriage.
It is imperative to note that these time frames are the general rule, and there may be exceptions. We highly recommend you consult with a qualified annulment lawyer near you to determine the specific time frame for your situation and to avoid missing the deadline for filing.
Contact an Annulment Lawyer in Arcadia at Mohajer Law Firm Today
At Mohajer Law Firm, we understand the unique challenges involved in ending a marriage and the complexities of the annulment process. That’s why we offer compassionate legal support to our clients in Arcadia. With over a decade of experience in family law, including annulment, divorce, and child custody, we are equipped to guide you through every step of the process. Our affordable annulment lawyers in Arcadia will be by your side every step of the way, providing expert advice and representation. Don’t navigate this difficult time in your life alone – schedule a consultation with us today at (626) 569-5200 to discuss your specific case and learn how we can help.
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Frequently Asked Questions (FAQs)
Yes, you can find a top annulment lawyer in Arcadia. Making this important decision requires careful thought and consideration. It is a good idea to compare fees and services offered by different lawyers before deciding. People often wonder if they can file for an annulment without a lawyer because they’re unable to afford one. You can file for an annulment without a lawyer in Arcadia. However, the annulment process can be complex, and navigating the legal system can be challenging. It is recommended to seek the guidance of a qualified Arcadia annulment lawyer to ensure all legal requirements are met and to increase the chances of a successful outcome.
Hence, Mohajer Law Firm comes to the rescue!
Yes, you can file for an annulment if you have children, but you will still need to address child custody, support, and property division issues.
One of the spouses must have been a resident of Arcadia for at least six months before filing for an annulment.
There is no time limit in Arcadia for filing an annulment, but it is more difficult to obtain an annulment if the marriage has lasted for many years.
You can file for an annulment without a lawyer in Arcadia. However, the annulment process can be complex, and navigating the legal system can be challenging. It is recommended to seek the guidance of a qualified Arcadia annulment lawyer to ensure all legal requirements are met and to increase the chances of a successful outcome.
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