QUESTION

What is an annulment and what is its difference from divorce?

Asked on Apr 14th, 2015 on Divorce - California
More details to this question:
My husband and I were only married for 8 months. We've been separated for almost 1 month. He was cheating on me the whole time. Can't I file for annulment because he was with someone else and because we weren't married long? Isn't an annulment better than a regular divorce?
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4 ANSWERS

Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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Annulment is an unusual remedy. It voids a void or voidable marriage for very unusual circumstances none of which appears to be present here.
Answered on Apr 16th, 2015 at 2:19 PM

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Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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A nullity (annulment) is available under very limited circumstances when the marriage is either void or voidable for a statutory reason such as bigamy or fraud. Your situation does not appear to qualify for a Nullity and a regular divorce action should be filed.
Answered on Apr 15th, 2015 at 1:16 PM

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Family Law Attorney serving Fountain Valley, CA at Law Office of Edwin Fahlen
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A divorce divides the community property and obtains a Judgment to terminate the marriage. An Annulment goes back and determines there never was a marriage. Therefore, there is nothing to divide, including children custodial time. If there are children, then a Paternity action is required to deal with the children. An Annulment is usually difficult to obtain requiring the proof of fraud in the obtaining of the marriage, illegal marriage (one person was and is married at the time of the marriage at issue (bigamous), unsound mind, force, physical incapacity. If cohabitation continues after finding out one of the reasons allowed for an Annulment, then that defense may become waived.
Answered on Apr 15th, 2015 at 10:42 AM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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An annulment undoes the marriage so that it never happened. It may be a better option, although they are hard to obtain (you have to prove fraud in this case). Unless you got something of significant value in the time you were together, it would be easier to just get a divorce. You should definitely talk with an attorney before filing for anything.
Answered on Apr 15th, 2015 at 12:39 AM

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