Annulment versus Divorce

I have been asked many times what the difference is between an annulment and a divorce.

An annulment is a legal procedure when the court says your marriage is not legally valid.  When filing for an annulment, the court will ask you to prove that your spouse has violated specific laws.  After the annulment, it is like your marriage never happened.

The most common reason for an annulment is fraud.  Examples of fraud include:

·         Underage spouse – under 18 years of age

·         Mental incapacitation

·         Failure to consummate the marriage

·         Criminal past

·         Bigamy

·         Incest

·         Duress

In most cases an individual does not request an annulment unless they have specific legal, financial or religious reasons to avoid a divorce.  If you have questions regarding an annulment, contact a skilled Orange County Family Law attorney to make certain you fit the qualifications required for a California annulment.