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Legal termination of marriage, in California, happens in one of three ways.

(1) Legal Separation; (2) Marital Dissolution; or (3) Nullity.

Are you a candidate for termination via nullity? Perhaps, but this remedy should only be sought where the validity of the marriage is in doubt. The difference between nullity of a marriage and martial dissolution is that they are based on opposing assumptions.

A marital dissolution action is used to terminate an otherwise valid marriage on grounds that arise after marriage. On the other hand, a nullity is pursued because the petitioner (the filing party) believes that at the time of the marriage, no valid marriage ever occurred.

So, in effect, a nullity action seeks to answer a question. Was there a valid marriage? The court is tasked with finding an answer.

Is the validity of marriage in doubt? Marriages may be invalid from the inception because of irregularities in the formalization procedures that ordinarily include obtaining the license, solemnization and authentication. But the marriage also may be void or voidable because of other legal defects like incest, bigamy, inducement by fraud or force, or where a party or both parties are minors of at the time of the marriage.

Supposing nullity is a viable option remember that there are disadvantages of a nullity proceeding, including but not limited to the following. You must proving grounds for a judgment of nullity. This is likely to be difficult and costly to prove. There are also potential statutes of limitations hurdles. And, fault play no role in a marriage dissolution proceeding. In a nullity proceeding, however, issues of innocence or fault are essential issues that relate to questions of support and an attorney fees and costs award, as well as determining property rights.

Parties to an invalid marriage do not have community property rights. But property acquired during the void or voidable marriage, which would have been community property but for the impediment to a valid marriage, may be deemed quasi-marital property and divided in a nullity proceeding as if it were community property. This only happens where ?putative spouse? status is established (this spouse has a good faith belief that the marriage is valid).

Even though there are clearly disadvantages of nullity, there are many benefits of Nullity as well including but not limited to the following. Will you please visit my site linked below to read about the benefits. And will you please schedule a free, confidential consultation while you're there. Thank you. Visit my site now!