Los Angeles Annulment

What makes an Annulment different from a Divorce?

A Divorce creates community property rights which requires approximately 50% distribution to each of the parties. An Annulment voids the marriage from the beginning so that any property acquired would be separate property of the person who acquired it. Likewise, any debt incurred would be the separate liability of the person who incurred the debt.

Do I have to see a Judge to be granted an Annulment?

In most cases, courts require testimony in front of a Judge to support the reason for the Annulment. However, some courts allow Annulments to take place by declaration instead of requiring a court appearance. The Attorney will advise you as to the requirements of your court.

What if I am served with Annulment papers and I do not agree?

If you are served, you should get legal advice and do a response. This means that you are contesting the grounds for annulment. You will have a time before the judge to state your side of the case.

Should I respond when I am served with Annulment papers?

When you are served with Annulment papers, you should get legal advice as to you particular situation. If you agree with the allegations in the Annulment, then you may not need to respond and can allow the Annulment to proceed.

Can I get an Annulment if I was married for more than 5 years?

Most Annulments are short term marriages usually under 1 year. Generally a short term marriage may qualify for an Annulment based on fraud. Longer marriages are generally based on technical grounds like a preexisting marriage. The purpose of an Annulment is to void the marriage as if it never took place.


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