Annulment & Legal Separation Attorney in Newport Beach
Our Legal Team Is Determined to Protect Your Best Interests
You may have heard of the terms “annulment” and “legal separation” and wondered whether these mean the same thing as divorce. While these legal actions are treated very similarly in the filing process to divorce, they are far rarer on account of their special definitions. Annulment means that a marriage is treated as never being legally valid. Legal separation means that a couple lives apart, with separate, divided assets and debts, but they still bear the certificate of being legally married.
Because the circumstances behind these less common cases are quite distinct, it is important to know the different reasons why one would seek annulment or legal separation over divorce. Our knowledgeable annulment and legal separation lawyer in Newport Beach is ready to help. Trust The Law Office of Timothy M. Ghobrial to offer you full guidance for every question you have.
Call us today at (949) 751-1420 for a free consultation regarding annulment or legal separation.
Reasons for Choosing Annulment or Legal Separation
There are several reasons that someone may desire to have their marriage annulled, or be legally separated, as opposed to divorce. The most common cause for this is religious grounds. If someone’s religion looks down upon divorce, it is often a better option for them to have the marriage annulled, meaning it was null, void, and technically did not exist for legal reasons. Once a marriage is annulled, the parties are treated as if they had never married.
In the process of legal separation, which is also often sought for religious grounds, the two parties live life apart from each other, but stay married in name only. Some of the reasons for this include benefitting from federal advantages like Social Security, the ability to file for joint tax returns, or even military privileges like military retirement, along with survivor benefits.
Grounds for Annulment
In the state of California, annulment is very difficult to achieve unless specific requirements are met and proven before a judge.
These requirements include:
- Incest with close blood relatives
- Bigamy, or marriage to someone while being already married
- One of the parties being under the age of 18 the day of the marriage
- Unsound mind, meaning that one party’s mental state, whether from disability or intoxication, barred them from fully understanding the marriage contract
- Fraud or false representation of a person’s character
- Physical, mental, or emotional force as a form of abuse
- Incurable impotence and inability to participate in sexual relations
Grounds for Legal Separation
Unlike annulment, there are only two grounds for legal separation. These grounds are the same as those for divorce in the state of California. According to Family Code 2310, the first reason one may be legally separated is on account of events where there has been an unresolvable breakdown of the marital relationship due to differences deemed irreconcilable. The second reason is if it has been proven that one party is deemed incurably insane.
Seeking Experienced Counsel
Both annulment and legal separation can be very complex processes with even more complicated forms and proof of evidence to be submitted for the court. Because these cases are much rarer, it can be difficult to find knowledgeable advocacy. Thankfully, The Law Office of Timothy M. Ghobrial is very experienced with these cases and is ready to support you with skill and compassion.
“It is clear and apparent that he truly cares about his clients and is willing to go above and beyond.”- George
“He will give to the world of law a lot that it needs.”- Former Client
“I would highly recommend him due to his dedication and diligence to his clients. Outstanding!”- Regina