Annulling a Marriage May Be the Best Choice in Orange County Cases
There are certain circumstances where it is best to annul a marriage. This is a situation that needs to be discussed with an Orange County divorce attorney.
Many people have heard the term annulment but aren’t sure precisely what it means when dealing with a marriage. Simply put, an annulment cancels a marriage, making it like it never happened in the first place. “Keep in mind that not everyone may qualify for an annulment. They must meet certain requirements referred to as a declaration of nullity,” explained Gerald A. Maggio of The Maggio Law Firm in Irvine, California.
Why not just get a divorce? While this is possible, it is not recommended in some instances. Generally speaking, there are two ways to cancel out a marriage. The most common way, divorce, happens when two adults can’t reconcile their differences. A divorce creates a record for everyone to see.
“The second way to bail out of a marriage is an annulment, meant for circumstances where the marriage was accidental or was entered into under false pretenses. Once the annulment is granted, there is no record of the marriage ever happening,” Maggio added.
One of the leading benefits of an annulment is that it is much faster than a divorce, with a waiting period of 20 days. This may be waived if both parties agree to do so. Generally speaking, if the couple involved in the annulment proceedings is amicable and agree to go this route and they qualify, then an annulment is usually the best way to proceed.
This is where things may get a bit difficult. “To qualify for an annulment, a reason must be given as to why the marriage should be null and void. A reason for annulment is referred to as a diriment impediment to the marriage,” outlined Maggio. These impediments may include not intending to remain faithful to the spouse when they get married, abducting a person to make them get married, one partner has been deceived by the other to get their consent (if the partner had known about the deceit they would not have gotten married) and insanity.
Other impediments are that the couple killed the spouse of one of them to be free to marry, the couple committed adultery, and one of couple killed the spouse of one of them to be free to marry, and not living up to the requirement of common law for marriages. “These are serious impediments and in all instances, these situations must be discussed with a skilled Orange County divorce attorney in order to start the process to have the marriage considered null and void,” said Gerald A. Maggio of The Maggio Law Firm in Irvine, California.
Gerald A. Maggio is senior partner of The Maggio Law Firm, Inc., an Orange County and Riverside Divorce and Family Law firm headquartered in Irvine, California. The Maggio Law Firm is experienced in all aspects of divorce and family law matters, including child custody, child support, spousal support, complicated high asset marital property cases, and domestic partnerships.
For more information or to schedule a consultation with Orange County divorce lawyer Gerald Maggio, contact The Maggio Law Firm by calling (949) 553-0304 or visiting https://www.maggiolawfirm.com/.
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