What are the differences between an annulment and a divorce?

divorce Paso Robles

-An annulment declares a marriage legally nonexistent, as though it never happened. A divorce legally dissolves the legal, civil union of marriage.

California is a no-fault state. A couple can get divorced because they no longer want to be married. Property can be divided up according to certain community property laws or by mutual agreement, child custody and support, and spousal support are settled, and the divorce is usually legal within six months and one day of a required final filing.

We Help You Legal has over 20 years of assisting the Central Coast and San Luis Obispo with divorce legal documents as well as other matters. Getting an annulment is somewhat different that divorce because certain qualifications need to be met. Reasons for obtaining an annulment include:

  • A parent filing for annulment on behalf of a minor who is under 18, or the party filing for an annulment who was under 18 at the time of the marriage.
  • One of the marriage partners is already married or in a registered domestic relationship.
  • A person was unable to understand the nature of marriage and the obligations that come with marriage.
  • When one of the parties has been misled about something vital to the marriage, such as the inability to have children.
  • One party was forced into getting married.
  • Incapacity of one party to consummating the marriage.
  • Incest, when the people who are married are close blood relatives.

Filing for an annulment can be more complicated than filing for a divorce. Community property laws may not apply and there is no spousal support. If there are children as the result of the marriage, parentage must be established before the judge addresses child support, custody and visitation.

Can I do my own annulment in California?

Yes. But keep in mind that you need to pay close attention to completing the legal documents that need to be filed with the court. Depending on the circumstances getting an annulment may be more complicated than doing your own divorce.

It is certainly less expensive to do your own annulment, but keep in mind that for all legal matters, an attorney is the only person qualified to give you legal advice. To do your own annulment, you can obtain the appropriate forms from your local court and complete and file them.

Challenged? Need help?

If you find yourself challenged by all of your other responsibilities and need help completing the legal documents for an annulment, bring them to We Help You Legal for assistance.

We Help You Legal has conveniently located offices in Paso Robles and San Luis Obispo to assist with divorce and a wide range of legal documents including adoptions, name changes, living trusts, forming a corporation or LLC and more. The company is licensed and bonded in California, San Luis Obispo County LDA # 260 Exp. 11/2/22 Bond #65279225. Business License #6893.

We Help You legal is a “self-help” legal document assistance company that provides document preparation without the high cost of an attorney. We Help You Legal, Inc. is not a law firm. We cannot represent you in court, advise you about your legal rights or the law, or select forms for you.