On Completing Your Nullity of Marriage In Santa Clarita
We are proud to say that we recently helped a client complete a nullity of their marriage.
To be honest, we were prepared for failure, but were going to give it our best effort and fight. Why do I say this?
Because a nullity of marriage is much different than a divorce. In a divorce, you don’t need a good reason to get divorced. In fact, you don’t need any reason at all. All you need to say is that there are irreconcilable differences, and nobody will ever ask the reason. Sadly, nobody cares.
However, when it comes to a nullity, you do need to have a reason. And it has to be one of a few legal reasons. And you have to prove it to the court by appearing in court yourself to explain why the judge should annul your marriage.
The reason we took this case on is because this client had already spent $25,000 in attorney fees with a law firm who was unable to complete it for them.
You see, when you run out of money and are unable to pay your attorney fees, that attorney that was your advocate and in your corner no longer has your best interest in mind. No money, no representation.
In this particular case, the reason the nullity was requested was because one of the spouses was still legally married at the time of the marriage. This is one of the legal reasons you can use to get a marriage annulled.
Both spouse were in agreement with the nullity and it was a matter of getting the matter heard in front of the judge who has to make the order and sign the judgment saying he approved of the nullity and that there was legal reason to order it.
There was one other issue. The husband was having another child with his new fiancee’ in 4 weeks and wanted his previous marriage dealt with so his new child would be considered his legitimate child.
Because the nullity had to be heard in front of a judge and because the spouses were in agreement, I sent both of them to court on an ex-parte hearing so they could have their case heard.
I was not sure if the judge would hear the case, because ex-parte hearings are supposed to be emergency cases only, but we used the fact that he was having another child as the emergency. I even told my client I was not sure what would happen at the hearing.
Well the starts were aligned that day and the judge heard the matter and ordered the marriage annulled effective immediately. Our client could not have been happier.
It just goes to show that you don’t need an attorney, even for an annulment of marriage. I don’t assume we will be handling many annulments, but wanted to show folks how hard we work to make things go right for our clients.