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Archive for the ‘Procedure’ Category

Nullity is more commonly known as an annulment. Legally this erases the marriage. However, in California a Nullity must be “Proved Up” and you must have grounds for the nullity. Unlike a divorce which is no fault in California, you must have grounds such as fraud; unsound mind; bigamy. So, a nullity or annulment will either require a narrative declaration or an actual court trial.

Why is a nullity so hard to obtain? Well the State’s public policy is to promote marriage. The State makes it very easy to get into a marriage and extremely difficult to terminate a marriage.

So what does this mean to you. Simply checking the box in a Petition to obtain a Nullity does not mean that the Court will grant your request. The Judge has to listen to your “evidence” and decide if your evidence is consistent with grounds that have claimed for a nullity. The grounds can not be that you want one or that you both agree to a nullity or annulment. Be prepared to hire an attorney to assist you to “prove up” your nullity and help you examine whether your grounds are adequate in a Judge’s eye. If not you may find that after several months of effort and trying to figure out what the Judge is talking about, you have to start over with a garden variety divorce.

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