DIVORCE VS. ANNULMENT IN CALIFORNIA | VIDEO #4 (2021)

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Should I get an annulment instead of a divorce? This tutorial video will explain the two types of annulments under California law and the grounds you need for each type of annulment. The video also discusses reasons why it may be better to get divorced. A divorce judgment dissolves a marriage. An annulment is when the court issues a judgment that says your marriage is nullified, like the marriage didn’t happen.
There are two types of annulments. One type says your marriage was void from the very beginning. The other type says your marriage was valid, but it can be voided.
There are two grounds for the type of an annulment that says your marriage was void from the very beginning: 1) incest; and 2) bigamy. Examples of incest would be a brother that married a sister; an uncle that married a niece; or an aunt that married a nephew. Bigamy is when you
married one person and, later you marry a second person, but without first getting divorced from spouse number one.
There are six grounds for the type of annulment that says your marriage was valid, but it can be voided:
1) You were underage at the time of the marriage.
2) There was a prior existing marriage or domestic partnership. This sounds like bigamy, but it is actually a bit different. We are talking about a situation where you married one person and
then they disappeared for five years or more and are presumed dead. You get
married a second time and later the first spouse shows up.
3) Your spouse is of unsound mind. We are not talking about
someone that is sane at the beginning of the marriage, but later becomes insane.
That may be grounds for a divorce, but not an annulment. We are talking about
unsound mind at the time of the marriage ceremony such that one or both parties
did not understand the nature of the contract they were entering into or the
obligations of marriage.
4) Fraud. This is far and away the most common ground used to get an annulment. When you entered into the marriage, there was an element of fraud involved and the fraud goes to the heart
of the marital relationship. The video discusses various examples of the types of fraud that will and will not be sufficient grounds for getting an annulment.
5) Force. This would be like a shotgun wedding.
6) Physical incapacity. This means that a spouse is incapable of engaging in sexual relations and the problem is incurable.

Видео DIVORCE VS. ANNULMENT IN CALIFORNIA | VIDEO #4 (2021) канала Free Divorce