Category

The end of a marriage via annulment has a statute of limitations

On behalf of Mohajer Law Firm, APC posted in divorce on Friday, May 26, 2017. For a variety of reasons, some California couples would prefer an annulment rather than a conventional divorce. This could be due to religious requirements or for another personal reason. An annulment differs from a regular divorce, and there are certain divorce legal issues that should be understood when seeking an annulment. One is the statute of limitations. In general, once the time runs out for a person to get an annulment, it cannot be done. The amount of time a person gets to file for an annulment varies based on the reason for the annulment. The statute of limitations for an annulment based on the age of the parties at the time of the marriage if they were under 18 is four years after they have turned 18. A parent or guardian still has the right to ask for the annulment if the minor is under 18. If there was a prior marriage at the time of the subsequent marriage, an annulment can be requested if both parties in the current marriage are alive. It can also be requested by the prior spouse. If a party claims that the spouse is of unsound mind, or a relative or conservator of the person who is of unsound mind wishes to have an annulment, it can be done at any time before death. An allegation of fraud can result in an annulment only by the person who was deceived. This must be filed within four years of the time at which the fraud was discovered. There can be an annulment if the marriage came about because of force. This must be filed within four years of the marriage. Finally, there can be an annulment by a spouse who claims the other spouse is physically incapacitated. This must be done within four years of getting married. For those who would like the annul the marriage and make it as if it never happened, there are certain criteria and limits as to when this can be done. For assistance in settling a dispute at the end of a marriage in which an annulment is desired, a lawyer who is experienced in all aspects of divorce can help.

Continue Reading The end of a marriage via annulment has a statute of limitations

Your social media post can affect your divorce

On behalf of Mohajer Law Firm, APC posted in divorce on Monday, January 23, 2017. You and your wife have decided to divorce. For the last several months, you have been living in a temporary apartment large enough for your two kids to stay with you on the weekends. Even though you and your future ex agreed that divorce was best for the both of you, your relationship is still extremely strained. You could be facing an ugly court battle when it comes to dividing marital assets and your custody rights. That battle could be all the worse depending on what you are posting on social media. During divorce proceedings, social media activity can provide plenty of evidence for your spouse to use against you in the courtroom. Before you post pictures of your weekend in Baja, first consider how it might affect alimony, child support, and custody. A California attorney can help you understand the consequences of posting certain things on social media. Read below for ways social media posts can affect your divorce. Admissible in court The court can accept emails, text messages, and social media posts as evidence in court. For example, if you are corresponding with a future employer that has offered you a substantial increase in pay to join his team and you do not disclose this in court, the court can use it as evidence that you are withholding financial information. Financial standing Posting pictures of expensive vacations or the purchase of a new car or flat-screen can also have an effect on your divorce. If you are claiming lower income in order to avoid paying more in alimony, but posting pictures of expensive purchases, it can be used as proof that your finances are not as bad as you claim. Online dating profile An online dating profile can cause a multitude of problems if you create and post it before the court has finalized your divorce. In addition to providing evidence of cheating, your wife’s attorney can use your dating profile to show you have questionable judgement and may not be fit to have joint custody of your children. Custody issues Posting pictures of parties or nights out can definitely affect child custody. This is especially true if those pictures were taken while you were supposed to be supervising your children. A judge may rule against you if the opposing counsel uses these kinds of pictures as evidence in court to discredit your fitness as a parent. The best way to avoid a negative outcome related to your posts on social media is to quit using it entirely. Divorce can be very complicated and difficult for you, your children, and your future ex-spouse. Let a local Arcadia divorce attorney ease the stress as much as possible.

Continue Reading Your social media post can affect your divorce