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The Difference Between an Annulment and a Divorce in San Diego

On Behalf of | Feb 5, 2022 | Divorce

What is the difference between an annulment and a divorce in San Diego? A divorce is the legal process to terminate a marriage. California is a “no fault” divorce state which assumes every divorce is due to irreconcilable differences. You do not have to have grounds or a specific reason such an affair or abuse to file for a divorce. If one party wishes to divorce the other simply cannot put a stop to the process.

An annulment is quite different under California Family Law.  The difference between an annulment and a divorce in San Diego is that an annulment is a legal process to declare that a marriage has never taken place (from a legal point of view).  There are a relatively low number of annulments when compared to the number of divorces in California, but there are cases where it is the right legal solution.

There are several examples of cases where an annulment is the appropriate legal vehicle for the situation at hand.  These include, but are not limited to:

  • The union of close blood (family) relations
  • The use of coercion or deception or the perpetration of a fraud to obtain the other party’s consent to marriage. In these cases the fraud or deception must be demonstrated to be the essence of the union
  • An incurable physical incapacity (usually associated with the inability to conceive a child)
  • The mental incapacity of one party to understand and appreciate the nature and responsibilities of marriage. (This might also apply to examples where one of the parties was drugged or severely intoxicated)
  • One of the parties was under the legal age of consent at the time of the marriage
  • One of the parties was already married or part of a domestic partnership (also referred to as bigamy)

The party requesting the annulment must be able to prove to the Judge one or more of the above reasons applies at the time of the marriage in question.  An annulment is much faster and simpler process from a legal point of view as long as the conditions for an annulment under California law are fulfilled.

The experienced Certified Family Law Specialists at Burke & Domercq have represented clients in annulment cases, divorce, child custody, spousal support and post decree modifications before San Diego Family Courts for decades. We can answer any question you have regarding the difference between an annulment and a divorce in San Diego we invite you to read the strong reviews of former clients and recommendations of the legal industry, protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.