Legal Separation and Annulment
Modesto Legal Separation & Annulment Lawyer
What is a Nullity?
A Nullity Judgment restores the parties to the status of unmarried persons, the parties being free to remarry immediately. While a divorce dissolves the marriage, a nullity judgment erases the marriage and its implications as though the parties had never married.
A Judgment of Nullity, or annulment, may be obtained under any of the following circumstances:
* Lack of informed consent to the marriage;
* The husband or wife of the prior marriage was believed to be dead at the time of the subsequent marriage, but in fact was not;
* Unsound mind;
* Force, unless afterwards the party who was forced into the marriage cohabitated freely with the other party as husband and wife; or
* Either party, at the time of the marriage, was physically incapable of consummating the marriage, and the incapacity appears to be incurable.
Most people believe that time is a factor in obtaining an annulment. This is not necessarily the case. It is true, for most of the conditions, an action must be brought within four years of the discovery of, for example, the facts constituting fraud. Also, even though a Judgment of Nullity voids the marriage, unknown to most people, is that you may be able to obtain support, a division of property and restraining orders. Children of the relationship do not necessarily bar a party from obtaining a Judgment of Nullity.
What is Legal Separation?
Another type of action, separate from a dissolution, is a legal separation. A separation greatly resembles an action for divorce except that the parties are not able to remarry. Once major advantage of filing a legal separation action is that, unlike a dissolution, there are no residency requirements. A legal separation is not to be confused with the date of separation. A person does not have to obtain a legal separation before filing a dissolution action.
To learn more about legal separation, annulments or a Judgment of Nullity, please contact the Thomas Hogan Law Offices.