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Annulment is a valuable legal tool which can be used to eliminate a marriage between people if one of the parties are being taken advantage of in the marriage. There are several reasons to pursue annulment, and the process can be complex, but having the option to annul a marriage based on false pretenses is a valuable legal measure for many people.
Our family legal practice has been helping Bay Area residents through major life events for years, and we have the experience and knowledge to help our clients receive the outcomes they desire. It’s our passion to help members of our community, and we offer a full catalog of services to do so.
Not everyone is eligible for annulment and it requires a different situation than a divorce or separation. In the sections to follow, we will answer a few common questions about annulment and help you understand if it could be a viable option in your situation.
An annulment is essentially a way to void a marriage contract. In its simplest form, a marriage is a contract between two people, and legally speaking there are conditions which can make a contract void. If a person is coerced into marriage, if they did not or do not have the mental capacity to marry or if they were married under false pretenses or by a method of fraud, an annulment can essentially erase the marriage.
The process to obtain an annulment can be complex, difficult and emotionally draining, and an attorney who cares about your needs can lend their expertise and their care to help you every step of the way. The first thing an attorney can do is help you determine if you are eligible for an annulment based on the legal specifics and the statute of limitations which applies in certain cases. If your attorney feels like you have a solid case for annulment, they can help you through each step of the legal process.
A divorce ends a marriage, but an annulment legally determines the marriage never existed in the first place. The difference between the two can have an impact custody of children and allocation of assets, and an attorney can help you understand the full ramifications of an annulment.
A petition for annulment can be filed with your local court, and then your spouse will be served with the petition to begin the process. Additional paperwork is required and eventually you will be able to have a hearing in front of a judge to explain why the annulment is necessary. When you work with our team, an experienced attorney will be there to help every step of the way.
If you need more information on the annulment process and you are in the greater East Bay Area, including San Leandro, Oakland, Hayward, Union City and Fremont, give us a call or book a consultation online today.
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