Do YOU meet criteria for an annulment?
Orange County, CA (PRWEB) June 11, 2013
Yanez & Associates Orange County annulment attorney, Bettina Yanez, launched a video titled, “Do I meet criteria for an annulment?” An annulment or “nullity of marriage” or “nullity of domestic partnership" is a court procedure by which a marriage or domestic partnership is found not to be lawful.
Attorney Bettina Yanez produced a video outlining the criteria for an annulment. The video under scores eight examples of how ones marriage or domestic partnership can be annulled:
1. Bigamy – If one of the spouses entered into a marriage while still being married or in a registered domestic partnership.
2. Incest - If the parties whom entered into the marriage or registered domestic partnership are close blood relatives.
3. A marriage may be illegal if one or both party members were under the age of 18 at the time of the marriage or registered domestic partnership.
4. If either party was of “unsound mind” or incapable of comprehending the marriage or domestic relations procedure and the responsibilities of joining into the relationship.
5. If either spouse married or joined into a registered domestic partnership to defraud; for instance, if the couple married for the purpose of obtaining residency. Another example of fraud is when a knowing individual fails to disclose that he or she is unable to bear children.
6. The parties involuntary married or entered into a registered domestic partnership.
7. Physical inability that inhibits sexual intercourse and appears to be incurable.
8. Previous marriage or domestic partnership - Either spouse was already lawfully married or in a registered domestic partnership. This is not the same as bigamy (which is illegal) because, here, the marriage or domestic partnership took place after the former spouse or domestic partner was absent for 5 years and not known to be living or in general believed to be dead.
Attorney Bettina Yanez recommends that if one is seeking an annulment one ought to confer with an experienced divorce attorney because in order for an annulment to be permitted one must demonstrate to the court that one of the criteria listed above was met.
Annulments are unlike a dissolution/divorce because one must have proof of one of the criteria listed to prove one’s union was illegal. Moreover, annulments must be brought within a definite time depending on the criteria one is relying on to prove illegality. There is no statute of limitation for filing a divorce, but an annulment does have a statute of limitation for filing.
If an annulment is allowed and there are children, the court will need to establish the parental relationship of the parties for the children of the marriage or domestic partnership.
Attaining an annulment will also change the community property rights, assets, debts, pensions and the right to receive partner or spousal support.
For the reasons stated above, Attorney Yanez urges individuals to consult with a skilled family law attorney about their pending annulment.
For the Spanish speaking community the Orange County Annulment Attorney has launched “Abogado de Anulación” a website that caters to the Hispanic community.
About: Bettina Yanez & The Family Law Offices of Yanez & Associates
Yanez & Associates is an Orange County Family Law Firm that handles a wide variety of family law cases such as, divorce, contested child custody, child support, child visitation, spousal support/alimony, domestic violence/abuse, paternity, mediation, restraining orders, modification, prenuptial agreements, annulments, legal separations; property division/settlements. The founding attorney Bettina Yanez is a California Certified Family Law Specialist serving the communities of Orange County, Los Angeles County and parts of Riverside County, California.
Additionally, the firm provides legal assistance to individuals in cases involving juvenile defense, juvenile delinquency and expungements. For a free consultation or to learn more about the Family Law Offices of Yanez & Associates call (714) 971-8000 or use the Family Law online contact form.