ANNULMENT & LEGAL
SEPARATION
by Aaron Dishon, Esq.
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.
Bio and more articles by Aaron Dishon
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