In California, termination of marital status typical occurs in one of three ways.
(1) Legal Separation; (2) Marital Dissolution; or (3) Nullity.
Nullity may or may not be an option. It depends on whether the validity of the marriage is in doubt. This is the primary difference between marital dissolution and nullity.
A marital dissolution actions terminate otherwise valid marriages on grounds that occur after marriage. However, a nullity is sought because the petitioner thinks that no valid marriage ever occurred because of some defect in the marital process or fraud occured at the time of the marriage.
So, in effect, a nullity action seeks to answer a question. Was there a valid marriage? The court is tasked with finding an answer.
Is the validity of marriage in doubt? Marriages may be invalid from the inception because of irregularities in the formalization procedures that ordinarily include obtaining the license, solemnization and authentication. But the marriage also may be void or voidable because of other legal defects like incest, bigamy, inducement by fraud or force, or where a party or both parties are minors of at the time of the marriage.
Assuming a nullity is a option, be aware that there are some disadvantages. As the petitioner you have the burden of proof. This can be costly and time consuming. In a typical marital dissolution the proceedings are no fault. However, in a nullity proceeding, fault and issues of innocence are essential and must be proved with evidence.
Parties to an invalid marriage do not have community property rights. Rather, the property acquired during void or voidable marriage that would have otherwise been community property is deemed quasi-community property. And it divided up in much the same way as community property. But, and this is an important but. Property is deemed Quasi-community property only when Putative Spouse status is proved. This means that the spouse asserting that the property be deemed Quasi-Community Property must prove that he/she was innocent and that he/she had a good faith belief that the marriage was valid.
While these disadvantages are real and perhaps of overriding concern, there are many benefits of a nullity as well. If you are interested in learning of the benefits, please visit my site linked below. And please fill out a case questionnaire or join my mailing list for more free reports like this one. Thank you. Visit my site today! - 15431
(1) Legal Separation; (2) Marital Dissolution; or (3) Nullity.
Nullity may or may not be an option. It depends on whether the validity of the marriage is in doubt. This is the primary difference between marital dissolution and nullity.
A marital dissolution actions terminate otherwise valid marriages on grounds that occur after marriage. However, a nullity is sought because the petitioner thinks that no valid marriage ever occurred because of some defect in the marital process or fraud occured at the time of the marriage.
So, in effect, a nullity action seeks to answer a question. Was there a valid marriage? The court is tasked with finding an answer.
Is the validity of marriage in doubt? Marriages may be invalid from the inception because of irregularities in the formalization procedures that ordinarily include obtaining the license, solemnization and authentication. But the marriage also may be void or voidable because of other legal defects like incest, bigamy, inducement by fraud or force, or where a party or both parties are minors of at the time of the marriage.
Assuming a nullity is a option, be aware that there are some disadvantages. As the petitioner you have the burden of proof. This can be costly and time consuming. In a typical marital dissolution the proceedings are no fault. However, in a nullity proceeding, fault and issues of innocence are essential and must be proved with evidence.
Parties to an invalid marriage do not have community property rights. Rather, the property acquired during void or voidable marriage that would have otherwise been community property is deemed quasi-community property. And it divided up in much the same way as community property. But, and this is an important but. Property is deemed Quasi-community property only when Putative Spouse status is proved. This means that the spouse asserting that the property be deemed Quasi-Community Property must prove that he/she was innocent and that he/she had a good faith belief that the marriage was valid.
While these disadvantages are real and perhaps of overriding concern, there are many benefits of a nullity as well. If you are interested in learning of the benefits, please visit my site linked below. And please fill out a case questionnaire or join my mailing list for more free reports like this one. Thank you. Visit my site today! - 15431
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