Comparing Annulment and Divorce in California
If you know it’s time to move on from your marriage, you may be curious about the best way to move forward. You probably know about divorce, but you may be curious about annulment and whether that’s the better way to end your union.
Both processes provide legal solutions to end a marriage, but they differ significantly in their implications and procedures. This article explains each term and highlights the key differences, helping individuals make informed decisions based on their circumstances.
What Is Annulment?
Annulment is a legal procedure that declares a marriage void or invalid from the beginning. Essentially, an annulment says that the marriage should not have happened. It does not end an existing marriage. Instead, it declares that the marriage never legally existed.
Spouses can pursue annulment based on specific legal grounds, including:
- One party being already legally married
- Coercion or being forced into the marriage
- The marriage occurring while one spouse is under legal age
- The marriage occurring between spouses who are closely related
- Fraud, such as in cases of false identities or lies about lifestyle, money, and so on
- Incapacity, where at least one spouse could not have reasonably consented to the marriage
Annulment is fundamentally different from divorce. Divorce terminates a legally valid marriage, while annulment negates it.
What Is Divorce?
Divorce ends a legally valid marriage, and the marriage remains a part of each spouse’s record.
California recognizes various types of divorce, including:
- Contested
A contested divorce arises when spouses disagree on one or more issues. Courts must make decisions for the couple. - Uncontested
An uncontested divorce occurs when both parties agree on all issues, from property division to child custody. - Summary Dissolution
Summary dissolution is a simplified process for couples who meet specific criteria. This process can expedite divorce proceedings.
The divorce process in California includes several steps. First, one spouse files a petition for divorce. Then, the other spouse must respond within a stipulated timeframe. Both parties then exchange information about assets and debts. Afterward, they negotiate terms or, if necessary, go to court to resolve disputes. This process can take a considerable amount of time, especially in contested cases.
The Key Differences Between Annulment and Divorce
Here is a list of important distinctions between the two:
- Generally, annulments take less time. They are more straightforward and generally lack extensive negotiations.
- An annulment effectively states that a marriage never legally existed, while a divorce acknowledges that a marriage existed and legally ends it.
- After an annulment, both parties return to their single status without any marital obligations. In contrast, divorce leads to dividing assets and debts. It also includes spousal support.
- Because an annulment removes the marriage from the record, California law requires specific grounds for the process. A divorce requires only that a spouse wants to end the union.
Frequently Asked Questions
Can You Get an Annulment After Being Legally Divorced?
You cannot obtain an annulment for a marriage that has already been legally dissolved through divorce. An annulment asserts that the marriage never existed, and this status contradicts the status of a marriage that has legally ended.
How Does Property Division Differ Between Annulment and Divorce?
During divorce proceedings, California courts divide marital property based on community property laws. These laws generally give each spouse an equal share of assets acquired during the marriage.
In annulment cases, parties often return to their pre-marital status. Put simply, they walk away from the marriage with whatever they individually own. If there is joint property in the marriage, the court can treat it the way it would with a business dissolution. Parties can buy one another out, sell off the property and share the profits, and so forth.
What Are the Impacts on Children in Both Cases?
In divorce cases, courts typically determine custody arrangements, support payments, and visitation rights based on the best interests of the child.
In an annulment, the court can still order support, custody, and visitation, but it treats the parents as if they were never married. Marriage annulments are often the result of fraudulent or illegal activity, and the court can consider this behavior when making childcare decisions.
If you are unsure of whether you qualify for an annulment, reach out to Law Office of Neda Aguirre, APC today. We can review your case and help you decide how to move forward. You can schedule time with us online or call our office at (951) 977-4904.