Annulment Lawyer Proudly Serving Santa Rosa and All of Sonoma County
A couple may choose to seek an annulment when the validity of their marriage is in question. There are a few situations that may bring that validity into question. The Law Office of Carolyn Vandyk understands these situations in detail and can help their clients to decide if an annulment is their best solution. It is in your best interest to seek counsel with an accomplished Santa Rosa Annulment Attorney to see if the dissolution of your marriage qualifies as an annulment. Call (707) 528-1100 today.
Common Annulment Circumstances
An annulment seeks to establish that a valid marriage never occurred. The following are some of the circumstances where an annulment may apply:
- Irregularities in statutory procedures when the marriage occurred.
- Incest, bigamy, or an underage party was a factor during the time of the marriage.
- Either party was of an unsound mind at the time of marriage
- Physical incapacity was present in one or both parties at the time of marriage.
- Fraud existed from one or both parties at the time of the marriage.
Fraud could be “ concealment of sterility, of an existing pregnancy, or of an intent not to terminate a sexual relationship with a ‘significant other.’” It could also entail one spouse marrying another simply to obtain a green card. There are many scenarios that could constitute fraud.
How We Can Help
Carolyn Vandyk can explain to you the many standards that would qualify a couple for an annulment and walk you through the process. But just because a couple is able to obtain an annulment, don’t assume that all your rights will be protected. A spouse could still ask for support or obtain certain property rights, even from a marriage that has been deemed invalid. If children are involved, an individual can be exposed to more complexities. It’s imperative to seek legal representation, throughout an annulment. Our attorneys understand where you could be at risk and will fight to protect your rights and way of life.
Now that it’s been established what is necessary to qualify for an annulment, the actual process of obtaining one is all the more complicated. The first step is to sign a petition to start the annulment process. In California, the FL-100 Form must be completed with the box for “nullify” checked.
The Next Step in the Process
Declarations for Annulment is the next step, where one is required to provide information about the marriage that will be annulled, including the names of both spouses, date of the marriage, the grounds on which the petition is based, and any additional information. If children are a factor, the court must be notified and paperwork is required to be completed, under the Declaration Under Uniform Custody Jurisdiction and Enforcement Act.
The other spouse will then be formally served with a copy of the petition. An attorney at the Carolyn Vandyk will ensure it is served properly.
There is additional paperwork, based on a person’s local jurisdiction. All paperwork must be filed with the court clerk. The Santa Rosa Family Law attorneys at the Carolyn Vandyk have worked in the Sonoma and Santa Clara court systems for years and can walk you through the intricate steps of a court filing.
Following the filing of the necessary paperwork, a hearing must be attended. There the judge will allow you and your attorney to explain the reasons why an annulment is being requested. Our attorneys at the Carolyn Vandyk have hours upon hours of experience expanding on their clients’ submitted declaration and petition. Your spouse will also have the chance to object, to which you’ll need a skilled attorney to counter.
The spouse requesting an annulment in California carries the burden of proof. This means you must provide adequate evidence to the court that your union was established under one of the many circumstances for annulment briefly listed above.
Reach Out to a Skilled Santa Rosa Annulment Attorney at The Carolyn Vandyk
To obtain an annulment, the help and influence of one of our knowledgeable attorneys is critical. Contact the Carolyn Vandyk today to benefit from their skill and experience.