Divorce Nullity Separation
Murrieta Divorce Attorney
When you find yourself in the difficult situation of needing to end a marriage you have several options. The most obvious is divorce, but other options include annulment and legal separation.
Divorce is the pre-mature ending of a marriage, or the ending of a marriage before the death of either spouse. There are several different types of divorce:
- No Fault Divorce Allegations or proof of fault are not required. Common reasons of no fault divorces include: incompatibility, irreconcilable differences and others.
- Uncontested Divorce When the two parties (both spouses) are able to come to an agreement regarding property, children and support. Uncontested divorces can be done with or without lawyers or mediators, although they are recommended.
- Summary Divorce Used when spouses meet certain eligibility requirements: short marriage (under 5 years), no children, minimal or no real property (mortgage), marital property is under a threshold (usually around $35,000), and each spouses personal property is under a threshold (usually the same as the marital property threshold of $35,000).
- Collaborative Divorce Both parties negotiate an agreed resolution with the assistance of trained attorneys.
- Mediated Divorce An alternative to traditional divorce litigation, a mediated facilitates the discussion between both spouses by assisting with communication and providing information and suggestions to help resolve the differences between both spouses.
Regardless of the type of divorce you wish to pursue, it is always best to have an experienced divorce lawyer on your side. For your free consultation, call California divorce attorney Eliana Phelps today.
Annulment is the declaration of a void marriage. An annulled marriage is considered to never have existed.
Murrieta Divorce Lawyer
Grounds for a marriage being voidable are typically limited to fraud, bigamy and mental incompetence and may include any of the following:
- Incest: a marriage or domestic partnership between parents and children, ancestors and descendants of EVERY degree, brothers and sisters (half or whole), uncles and nieces or aunts and nephews are considered incestuous and void.
- Bigamy: Either spouse was married at the time of the marriage in question. Even if divorce or annulment papers have been filed, the prior marriage must be completely dissolved per state law for the marriage in question to be considered valid.
- The marriage was not lawfully contracted: California requirements were not met prior to the marriage in question.
- Minority of a Party: Either spouse was not of the age of consent (over age 18) at the time of the marriage and did not obtain parental consent.
- Unsound Mind: Either spouse was unable to understand the subject matter of the marriage contract at the time of the marriage in question. This can include mental disability, drug influence or alcohol influence.
- Force: Either spouse was entered into the marriage by force and against their free will.
- Physical Incapacity: Either spouse was physically incapable (unable to engage in sexual intercourse) at the time of the marriage in question and the incapacity continues and is considered incurable.
- Fraud: Either spouse’s consent was obtained by fraud. Reasons for fraud can vary substantially but can include the concealment of sterility, pregnancy, intent not to have children, intent not to engage in sexual intercourse and many others.
With each reason for annulment, comes a statue of limitations; a time frame in which any reason can be valid for the annulment of a marriage. Please contact California annulment lawyer Eliana Phelps for your free and confidential consultation.
The judgment of legal separation does not terminate marital status but is an alternative to divorce. Legal separation does not always lead to divorce; reconciliation is possible and divorce is avoidable.
Legal separation can be sought for religious and personal reasons. A legal separation leaves the marriage bonds intact, however the parties remain married by name only.
A legal separation proceeding is similar to a divorce proceeding in that a separation proceeding determines support, custody visitation and community property rights under the same standards as a divorce proceeding.
The legal separation process includes:
- Choosing the proper court
- Preparing the initial documents
- Filing the initial documents with the proper court
- Serving the initial documents to the other party/spouse
- Entry of Default (if the other party fails to respond within 30 days)
- Financial disclosure (support, custody/visitation, property division)
- Prepare and notarize a Marriage Settlement Agreement
- Prepare an Order To Withhold Income For Child Support (Wage Garnishment)
- Prepare and file the “Judgment Package” (the documents needed for court submission.)
- Serve the Judgment
- File the Child Support Case Registry Form (if applicable)
- Serve the Order to Withhold (wage garnishment) on spouse’s employer.
Legal separation may seem simple, but the paperwork and proceedings that are necessary can be very time consuming and complicated. Call California separation lawyer Eliana Phelps today for your fee consultation.