San Jose Annulment Attorney
When you want to end your marriage, you pretty much have two options: divorce and annulment. Some people use these two terms interchangeably, but they are not the same. While both do end a marriage, both options are not always available. In fact, an annulment is difficult to get.
A divorce ends a valid marriage, while an annulment makes a marriage null and void, as if it never existed. This means the marriage was never legal in the first place.
Annulling a marriage is not an easy task. You will need to prove your marriage was not valid in the first place. A San Jose annulment attorney from Foster Hsu, LLP can help.
Reasons to Annul a Marriage
You can only annul a marriage if you can convince the judge that the marriage was invalid from the start. Here are some common reasons:
- This is when one spouse is already married to someone else.
- This involves marriage between close relatives (such as siblings, parents-children, or aunts/uncles and nieces and nephews.
- You did not want to marry but you were forced into the marriage.
- Your spouse lied to you or withheld important information in order to trick you into marrying them.
- You were under 18 years old at the time of the marriage.
- Unable to consummate the marriage. This means one spouse is physically unable to have sex.
- Lack of mental capacity. If one spouse was unable to consent to the marriage due to a lack of mental capacity (such as not being of sound mind), a judge can have the marriage annulled.
You do not have unlimited time to annul a marriage. You typically have four years from the date you realize any of the above reasons, so don’t wait too long. Discuss your case with a family law attorney right away.
The Process
The process of an annulment is similar to that of a divorce. The steps are:
- File a petition. To initiate the annulment process, you or your spouse must file a petition for annulment in the superior court of the county where you or your spouse lives.
- Serve the other party. After filing the petition, you must serve a copy of the petition and summons to your spouse.
- Court proceedings. If your spouse agrees to the annulment or doesn’t contest it, the court may grant the annulment without a hearing. However, if your spouse contests the annulment, a court hearing will be scheduled.
- Final judgment. If the court finds that the marriage should be annulled, it will issue a final judgment declaring the marriage null and void. This judgment ends the marriage as if it never existed.
Contact Foster Hsu, LLP Today
An annulment can be a great way to declare your marriage legally void without the stigma of divorce. However, not many marriages qualify. Plus, the process can be complex.
The specific steps you will need to take will vary depending on your individual circumstances. The knowledgeable lawyers at Foster Hsu, LLP can provide guidance tailored to your situation and represent your interests throughout the annulment process. Schedule a consultation with a San Jose annulment attorney by calling 408-841-7200 or filling out the online form.
