Recent Posts in Annulment Category

In California, a man by the name of John Marcotte is on a mission to ban divorce.  This month, Marcotte reached his goal of getting approval from the secretary of state's office and will now start the process of collecting signatures to get his measure on California voters' ballots.  He needs 700,000 signatures to make it onto the June 2012 ballot.

According to his website, Marcotte is proposing the 2010 California Marriage Protection Act because, "Prop 8 did not go far enough in protecting traditional marriage."

Marcotte's new ballot would make it illegal for couples to get divorced in the state of California.  He says that the way to protect traditional marriage is to keep straight couples from getting divorced, not prohibiting same-sex marriage.

In the recent past, nearly 26,000 people have "liked' Marcotte's Facebook page, which is devoted to his new measure.  His website has also pulled in numerous comments.

His proposal would amend California's constitution and eliminate the ability of married couple to obtain a divorce, but would allow couples to seek annulments.

Going through a divorce in Riverside?  If so, contact us to discuss your situation with a Riverside divorce attorney.

In California, people can "put an end" to their marriages by getting a divorce, legally separating or obtaining an annulment.  Like divorce, annulment leads to the legal termination of a marriage.  However, unlike divorce, people who seek an annulment must prove that their marriages were legally invalid. 

Marriages may be annulled if:

-  one spouse used force or fraud to get the other spouse to marry him/her

-  one spouse was/is mentally incapacitated

-  one spouse was too young to legally enter into marriage

-  one spouse was already married

When considering annulling a marriage, people must remember that there are time limits for filing for an annulment and that annulments are extremely rare.  For this reason, people will find it is to their advantage to work with a family lawyer who can help them obtain a successful annulment. 

If you are planning to file for annulment in Riverside, contact the Law Offices of Michael R. Young to speak with a Riverside family law attorney now!

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.

Many unhappily married couples have contacted the Law Office of Michael R. Young to inquire about getting an annulment. 

After a couple is granted an annulment, the court will consider the marriage not legally valid. Therefore, it will be as if the marriage never existed. While an annulment is a viable alternative to divorce, not all married couples will qualify. 

In order to be granted an annulment a couple must meet at least one of the following criteria:

• One of the spouses was underage (younger than 18 years old) when the marriage began
• The marriage was forced
• The marriage was based on fraud
• The marriage was incestuous
• One of the spouses was already married
• Once of the spouses was incapacitated when the marriage began

If you meet at least one of these criteria, you should contact my office about filing for an annulment.  As an experienced Riverside divorce lawyer, I have handled multiple annulment cases throughout my career, and can help you file the appropriate paperwork to get the process started. If children were born into the marriage, it can make things more complicated, but not impossible.  In these types of cases, it is imperative that you contact my office for help, as a judge may not be as willing to grant an annulment.  

Interested in filing for an annulment? Contact the Law Office of Michael R. Young today!