In California, termination of marital status typical occurs in one of three ways.
(1) Legal Separation; (2) Marital Dissolution; or (3) Nullity.
Are you a candidate for termination via nullity? Perhaps, but this remedy should only be sought where the validity of the marriage is in doubt. The difference between nullity of a marriage and martial dissolution is that they are based on opposing assumptions.
A marital dissolution action is used to terminate an otherwise valid marriage on grounds that arise after marriage. On the other hand, a nullity is pursued because the petitioner (the filing party) believes that at the time of the marriage, no valid marriage ever occurred.
In effect, a nullity seeks to prove a the theory that the marriage was never valid from inception. The court is tasked with reaching a decision and the petitioner has the burden of proof.
So is your marriage valid? A marriage may be invalid from the beginning because of irregularities in the statutory formalization procedures, which are ordinarily obtaining the license, solemnization and authentication. However, it also may be void or voidable because of other legal imperfections including but not limited to incest, bigamy, inducement by fraud or force, or where a party or both parties are under the age of consent at the time of the marriage.
Assuming a nullity is a option, be aware that there are some disadvantages. As the petitioner you have the burden of proof. This can be costly and time consuming. In a typical marital dissolution the proceedings are no fault. However, in a nullity proceeding, fault and issues of innocence are essential and must be proved with evidence.
Parties to an invalid marriage do not have community property rights. But property acquired during the void or voidable marriage, which would have been community property but for the impediment to a valid marriage, may be deemed quasi-marital property and divided in a nullity proceeding as if it were community property. This only happens where ?putative spouse? status is established (this spouse has a good faith belief that the marriage is valid).
While these disadvantages are real and perhaps of overriding concern, there are many benefits of a nullity as well. If you are interested in learning of the benefits, please visit my site linked below. And please fill out a case questionnaire or join my mailing list for more free reports like this one. Thank you. Visit my site today! - 15437
(1) Legal Separation; (2) Marital Dissolution; or (3) Nullity.
Are you a candidate for termination via nullity? Perhaps, but this remedy should only be sought where the validity of the marriage is in doubt. The difference between nullity of a marriage and martial dissolution is that they are based on opposing assumptions.
A marital dissolution action is used to terminate an otherwise valid marriage on grounds that arise after marriage. On the other hand, a nullity is pursued because the petitioner (the filing party) believes that at the time of the marriage, no valid marriage ever occurred.
In effect, a nullity seeks to prove a the theory that the marriage was never valid from inception. The court is tasked with reaching a decision and the petitioner has the burden of proof.
So is your marriage valid? A marriage may be invalid from the beginning because of irregularities in the statutory formalization procedures, which are ordinarily obtaining the license, solemnization and authentication. However, it also may be void or voidable because of other legal imperfections including but not limited to incest, bigamy, inducement by fraud or force, or where a party or both parties are under the age of consent at the time of the marriage.
Assuming a nullity is a option, be aware that there are some disadvantages. As the petitioner you have the burden of proof. This can be costly and time consuming. In a typical marital dissolution the proceedings are no fault. However, in a nullity proceeding, fault and issues of innocence are essential and must be proved with evidence.
Parties to an invalid marriage do not have community property rights. But property acquired during the void or voidable marriage, which would have been community property but for the impediment to a valid marriage, may be deemed quasi-marital property and divided in a nullity proceeding as if it were community property. This only happens where ?putative spouse? status is established (this spouse has a good faith belief that the marriage is valid).
While these disadvantages are real and perhaps of overriding concern, there are many benefits of a nullity as well. If you are interested in learning of the benefits, please visit my site linked below. And please fill out a case questionnaire or join my mailing list for more free reports like this one. Thank you. Visit my site today! - 15437
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