A Few Facts on Annulment

The main difference between annulment and divorce is that a divorce is a procedure that brings a valid marriage to and end whereas an annulment is a decree that states the marriage was not valid in the first place.

The following are a few circumstances where an annulment would be in order (versus filing for divorce):

• One of the spouses was under the legal age of marriage
• Your spouse was married to another living person at the time of your marriage (In some jurisdictions this would be considered bigamous and against the law, and no annulment would be considered necessary)
• One spouse did not have the proper mental capacity to enter into a marriage contract  (i.e. incapacitated  mentally, either temporarily or permanently, or due to intoxication)
• The marriage was entered by either spouse as a result of threat, force, or duress
• One or the other spouse was fraudulently induced into the marriage (Examples might be one partner withheld some important fact like they had a sexually transmitted disease, permanent impotence or sterility, a criminal record, etc.)

The duration of a marriage is not a factor in determining whether or not a couple can get an annulment, and filing for annulment may limit one’s ability to share in the marital estate or get alimony, both of which could otherwise be obtained through divorce.

If you are considering an annulment or divorce in the Riverside or San Bernardino areas, it is best to consult an attorney who is experienced in these areas of family law. A Riverside divorce attorney at the Law Office of Michael Young can provide you with the compassionate and experienced representation you need during such an unsettling time. Contact the office today at 866-902-5290 to set up a consultation to discuss your case and what it is you hope to achieve in court or mediation.