California Annulment and Legal Separation Laws
California annulment (nullity) and legal separation law exist to rectify errors and to set boundaries for couples who may divorce. It is important to know the extent of California laws in this area, and that is where the Law Office of Daniel Jensen, P.C. excels.
A nullity proceeding requires a judge to rule that some defect occurred at the time of a marriage that would render that marriage invalid. With this ruling, the individuals involved will become restored to their legal status of un-married. It is as if the marriage never took place at all. This differs from a divorce, which can only be granted to a valid union.
With legal separation laws, the marriage is not yet dissolved, and a judicial ruling determines the financial and other obligations of each party who are now living apart. If children are involved, the ruling will set forth those financial and legal obligations as well.
Grounds for nullity and legal separation
Nullification of a marriage is restricted to specific reasons in California including:
- Incest
- Bigamy
- Underage at the time of the marriage
- Prior existing marriage or domestic partnership
- Unsound mind
- Fraud
- Force
- Incapacity
For legal separations in California, there are only two valid reasons: irreconcilable differences, and incurable insanity (which must be proven).
Selecting proper legal counsel makes the difference
Knowing the facts of California law is important to winning your case and reaching satisfactory settlements for family issues. Your lawyer must know the grounds for legal separation or termination of marriage and partnership under local laws, and the jurisdiction requirements for legal action. If your spouse lives outside of California, there are additional considerations to resolve.
Mr. Jensen at the Law Office of Daniel Jensen, P.C. has more than 20 years of legal experience in California law and court procedures. At the Law Office of Daniel Jensen, P.C., we specialize in the sensitive areas of marriage and family laws. Our highly skilled attorneys are compassionate, and can help guide you through the emotionally distressing issues of family law.
For a free consultation regarding your family law issue, please contact our San Jose family law attorneys today at 1-888-877-2905.
