Annulment & Legal Separation

Do I qualify for an Annulment?

In order to obtain an annulment you must prove either that the marriage is void or voidable.

A void marriage is an incestuous or bigamous marriage. A marriage may be voided on the grounds of the age of the petitioner (less than 18) upon marriage, prior existing marriage, unsound mind, fraud, force, or physical incapacity.

Remember that you would need to fully prove your ground for annulment, and this may not be easy to do.

What is a Legal Separation?

Legal separation is exactly the same as divorce, other than two things:

1) You can’t remarry after you obtain a legal separation.

2) The residency requirements are different: unlike a divorce, for which you must reside in California for six months and in the county you file for three months, you need not reside in California for any period of time to file for a legal separation.

Sometimes, if you are unable to meet the residency requirements for a divorce, an attorney will advise you to file for legal separation and “seek leave to amend” once you have met the residency requirements.

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