Practice Areas
San Diego Annulment Lawyers
Why Hire Our Annulment Attorney in San Diego
For various reasons, divorce may not be an option for some people. This might be for religious or cultural reasons, or because the person seeking to end the marriage wants to avoid a perceived stigma associated with being divorced. Contact a San Diego annulment lawyer for more information regarding this subject, or experienced and successful legal representation.
A civil annulment is a legal matter in which a court declares that a legal marriage never existed. In other words, what was thought to be a marriage was not valid under the law and never actually existed. It should not be confused with a religious annulment, which can only be granted by a religious authority. Having a civil annulment may ease the way to a religious annulment, however, because many of the grounds to nullify a marriage are the same in both; but they are separate and distinct.
Grounds for Annulment in California
Annulment is not a common way to end a marriage, and a legal annulment can only be ordered in specific situations outlined in California law:
- In cases of bigamy, where one spouse was married to another person at the time the second marriage took place
- The marriage is incestuous, i.e. the spouses are close blood relatives
- The spouse seeking the annulment was under the age of 18 when the marriage took place
- One spouse fraudulently enticed the other to marry
- Sexual relations are not possible because of an “incurable physical incapacity,” i.e. male impotence
- Where either spouse (or both) is mentally impaired in a way that prevents him or her from functioning as a marriage partner or from understanding the nature or meaning of marriage. This might be a developmental disability, mental illness, or being under the influence of a mind-altering substance at the time of the marriage
- The marriage was coerced or forced
Seek Legal Counsel from our San Diego Annulment Attorney when Requesting an Annulment
Annulments are uncommon in California and not easy to obtain. It is always a good idea to seek legal counsel when you feel strongly that you prefer an annulment process to divorce cases. An experienced family law attorney in San Diego can review the circumstances of your marriage and determine whether a legal case can be made to nullify it. Your family law attorney attorney will then develop a cogent argument and carefully draft the required documents and will argue your case in court before a family law judge.
How an Annulment Lawyer in San Diego Can Help?
An annulment lawyer in San Diego from Boyd Law can guide you through the complex legal process of ending a marriage. Unlike divorce, an annulment declares a marriage legally invalid, as if it never occurred. Our experienced San Diego annulment attorneys will help you determine if you qualify for an annulment, explain the necessary grounds, and handle all legal paperwork and court proceedings. Whether you face issues of fraud, incapacity, or other qualifying factors, Boyd Law provides expert representation to protect your rights and achieve a favorable outcome.
Time Restrictions for Obtaining and Annulment
One important difference between annulment cases and a divorce is that, unlike divorce cases, which can be filed at any time, there are time restrictions, called statutes of limitations, on obtaining an annulment. Your annulment attorney in San Diego will make sure that all filings are done in a timely manner so you don’t lose the right to request an annulment and support modification by filing your request past the legal deadline. Other issues may also complicate an annulment:
- Property division: if the marriage is null, there is no community property, property settlement, and determination of what assets and debts belong to whom may be more difficult
- If there are children, and you have child custody, it may be necessary to get a paternity order to compel child support and visitation
Expert Legal Counsel for Marriage Nullification and Dissolution
Obtaining an annulment of a marriage in California is difficult and rare. Having the advice and assistance of a good family law attorney can help resolve these issues and improve the likelihood that the court will grant your annulment and resolve these other matters in a way that allows you to put the “marriage” behind you and move on.
In San Diego, you can get the expert assistance you need from the skilled and experienced San Diego divorce attorney at the Boyd Law Firm. We have a strong record of successful outcomes for our clients in all types of family law cases, including civil annulments. We will meet with you at no cost and review the circumstances surrounding your marriage to determine if one or more grounds for annulment exist.
Contact Our Annulment Lawyer in San Diego Today
If you choose our firm to represent you, we will work tirelessly to document the evidence to support your request to have your marriage annulled, accurately prepare and file all necessary legal documents in a timely manner, and argue your case before the family court judge.
Don’t wait too long and risk losing your right to request an annulment. Contact the Boyd Law Firm today to schedule your free consultation using our contact form.
Areas We Serve
We serve all areas and neighborhoods of San Diego county including, but not limited to:
Encinitas | Clairemont | Little Italy | Balboa Park | Old Town | Gaslamp Quarter | South Park | El Cajon | East Village | Torrey Pines | Hillcrest | Normal Heights | Bankers Hill | University Heights | La Mesa | Mission Hills | Bay Park | Bay Ho | Pacific Beach | Point Loma | Mission Valley | La Jolla | Solana Beach | North Park | Carmel Valley | San Marcos | Rancho Santa Fe | National City | Lemon Grove | Chula Vista | Imperial Beach