How Do Annulments Work in California?
If you are approaching a divorce in California, your first step should be to determine whether this legal process is even necessary. In some cases, spouses can end their relationships without experiencing any legal consequences. But how is this possible? With an annulment, you can show that your marriage was never even valid in the first place. Although this strategy might not apply to all marriages, it can be one of the most effective ways to end your relationship while protecting your financial security.
Celebrities Often Get Annulments
There are a few high-profile celebrities who have successfully obtained annulments. Recently, Bam Margera made headlines for the second time in a few weeks after announcing that he had “never legally married” his alleged wife, Nicole. Bam is, of course, known for his work with MTV, specifically Jackass and related spin-offs. Bam testified:
“Boyd and I have never been married, legally or otherwise. To my knowledge, Boyd has never legally changed her name in any state to ‘Nicole Margera.’ Every driver’s license or other form of identification I have seen Boyd possess bears the name ‘Nicole Boyd’.”
The only thing that Bam acknowledged was a “faux wedding ceremony” that was not legally valid. The truth is that he may very well have a solid case for annulment – and this could help him hold onto significant assets despite his relationship coming to an end.
This situation is somewhat similar to a famous case of annulment involving Rolling Stones singer Mick Jagger. The rocker successfully obtained an annulment after showing that his marriage to Jerry Hall wasn’t legally binding. They had a “Hindu marriage ceremony” on a beach in Bali in 1990, but in the eyes of the law, they were never actually married. This allowed Jagger to avoid a divorce – although he did provide Hall with an undisclosed settlement. Both parties were said to be happy with the arrangement.
Why Get an Annulment?
If the marriage was never valid in the first place, all of the assets you ever acquired during the relationship may no longer be subject to the community property system in California. This means that instead of handing over half of your property, you may walk away with virtually everything. Obviously, this means that there is a real incentive to obtain an annulment if at all possible. An annulment may also free you from alimony obligations. It does not, however, affect anything related to child custody or child support. However, California law may still provide legal rights under the putative spouse doctrine, which is a situation where one person believes himself or herself to be married in good faith and is given legal rights as a result of the person’s good faith reliance and belief that they were married. Unlike a common law, statutory marriage, or ceremonial marriage, a putative spouse is not legally married because of the failure to comply with California’s statutory requirements for the marriage.
Where Can I Find an Experienced Family Law Attorney in California?
If you think that you might be eligible for an annulment in California, you might be right. The only way to know for sure is to speak with an experienced family law attorney in California. These legal professionals can assess your unique situation, look into the circumstances of your marriage, and help you pursue an annulment if possible. Book your consultation with the Knez Law Group today to get started with an effective action plan.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.