Nullity of Marriage or an “Annulment” is an alternative to Dissolution or Legal Separation; however, spouses must meet certain criteria to qualify for an Annulment. A judgment of Annulment declares that your marriage was not valid because of incest, bigamy [prior existing marriage], age at the time of marriage, unsound mind, fraud, force, or physical incapacity.
Nullity of Marriage or an “Annulment” is an alternative to Dissolution or Legal Separation; however, spouses must meet certain criteria to qualify for an Annulment. A judgment of Annulment declares that your marriage was not valid because of incest, bigamy [prior existing marriage], age at the time of marriage, unsound mind, fraud, force, or physical incapacity.
Many clients often ask what our strategy is or what we have planned for a particular hearing or event in the case. Oftentimes, it is hard to predict an exact course of action or outcome because we are working with other individuals, such as judges, experts, attorneys, and litigants. A good strategy in our eyes is made of the following:
A nullity starts much like a dissolution case wherein the Summons and Petition are filed with the Court and served on the opposing party. The other party then has the opportunity to respond and to say whether they agree with the nullity or not. Even if the other side agrees to nullify the marriage, the parties must go in front of the Judge to prove that they meet the requirements for a true nullity. Oftentimes, bifurcation of the issue of nullity is beneficial because there are procedures that can be avoided if a judgment of nullity is granted.
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