Depending on the circumstances, parties can seek an annulment instead of a divorce. An annulment in certain circumstances can be more favorable to a party over a divorce. If a marriage is annulled, it is possible that there will not be any issues of community property or spousal support.
However, there are very specific reasons and rules that dictate whether an annulment is possible in a case or not. In my experience many people seek an annulment solely on the grounds that they have been married for less than a year. These individuals believe that a short marriage allows them to obtain a divorce.
Such is not the case. But there are other reasons why a marriage will be annulled such as duress, fraud in inducing the marriage, or bigamy. Under these reasons, an annulment can be obtained.
Just because a marriage is annulled does not mean that a court has to disregard community property principles. Especial rules have been created to protect innocent spouses.
For more information on annulments, contact one of our attorneys at 800-589-9901 or email@example.com.