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Annulment is different from divorce

A marital split-up in California can be emotionally and financially challenging, often leading to many questions about how to proceed. One of the first questions couples may ask is whether to file for annulments or divorces. An annulment leads to a court ruling that the couple was never actually married, whereas a divorce focuses more on splitting up marital assets.

Generally, filing for either an annulment or a divorce is an easy process: It is a matter of checking the right box on the petition. However, annulments and divorces are very different from a legal standpoint. For most couples, getting divorced makes the most sense. Getting a divorce is actually a lot simpler, particularly if both spouses agree about their split.

The spouses can easily acknowledge irreconcilable differences as being the reason for their divorce. In this situation, time in court is unnecessary. Both spouses can just reach their own agreement about their divorce's terms without further court intrusion.

In some cases, however, a divorcing couple is incapable of finding common ground through informal negotiations or other alternatives to divorce litigation, such as mediation or collaborative divorce. This means they have a contested divorce, so they have to go to trial, where a judge will decide for the couple how their assets will be split as well as make determinations regarding matters such as child custody and spousal support. An attorney can provide guidance with both negotiations and trial to ensure that one's rights and best interests are protected in California.

Source: womenshealthmag.com, "What's The Difference Between A Divorce And An Annulment?", Macaela Mackenzie, Sept. 7, 2017

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