Thursday February 23 , 2012
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itherstrip

Invalid Marriages

While a rarity, sometimes a marriage may be invalid. This can happen even if the parties involved sought to enter into a valid union. When a marriage's validity is at issue, there are usually two scenarios. The first is where the marriage is barred by the law. This occurs in situations of bigamy, incest, or when one party is unable to consent, usually because of their age. The second scenario is where one party has the option to declare the marriage invalid through annulment. It is important to recognize that though the marriage is procedurally invalid, it is not dissolved until the proper recourse is taken. If uncontested, these marriages may still be technically invalid, but our office can seek a court order validating the marriage if the facts warrant such an option. Our office will take the necessary steps to ensure your needs are met if your marriage is potentially invalid.

One unique area of concern is when a party enters into a marriage, but was induced into doing so by fraud or deception. This principle, also known as the putative spouse doctrine, is codified under California law. This can be a huge area of concern that may or may not be invalidated using the traditional annulment method or it may require formal divorce proceedings. Sometimes significant time has lapsed and one party may become dependent on the other for their quality of living. The community estate may also be at issue. Our office is here to ensure your rights are protected in the event such a situation has arisen.

Contact our office if you have questions regarding the validity of your marriage. Schedule an initial consultation as soon as possible.

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