Notice: DUE TO COVID-19, CONSULTATIONS ARE AVAILABLE VIA PHONE OR VIDEO conference AND consultation FEES ARE TEMPORARILY WAIVED. CALL TODAY!

What Is a Judgment of Nullity?

A Judgment of Nullity may be an alternative to a Pasadena divorce. A Judgment of Nullity means that your marriage and its legal implications have been officially erased. In the eyes of the law, it's as if you were never married. More commonly, this is known as an annulment.

There are specific criteria for obtaining a nullity judgment.

  • Bigamy -- One of the parties was already legally married.
  • Incest -- The parties are blood relatives.
  • Underage -- One of the spouses was not old enough to be legally married.
  • Unsound Mind -- One of the parties didn't have the mental capacity to understand what it meant to be married.
  • Force -- One of the parties was threatened with physical force to agree to the marriage.
  • Physical Incapacity -- One of the parties is unable to engage in sexual intercourse to consummate the marriage and the condition appears to be incurable.
  • Fraud -- The marriage occurred under false pretenses. For example, a woman coerced a man into marrying her so she could receive a green card.

To obtain a Judgment of Nullity, you have to be able to successfully prove your specific reason for seeking an annulment. Some reasons are easier to prove than others. Bigamy and incest are straightforward cases. Determining fraud or proving that someone was forced into marriage is trickier.

Having children together doesn't necessarily prevent you from seeking a Judgment of Nullity, although there is no longer a legal presumption of paternity. To seek child support, you may need to agree to a paternity test.

If you qualify as a putative spouse, you can seek spousal support or receive a portion of the marital property. A putative spouse is one who entered into the marriage under the belief that the union was legally valid. For example, a woman who marries and later discovers that her husband was already married may qualify as a putative spouse, but her husband would not qualify since he was already aware that their union was not legally valid.

How Can We Help?

If you have questions about your eligibility to seek an annulment, please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com. Our Pasadena matrimonial law firm is staffed with experienced attorneys who are eager to provide the assistance you need.

Categories