Tag: <span>Annulment</span>

family-law

Divorce Complaint

So you’ve decided to get divorced… Now what? 

Like all lawsuits, starting your divorce begins with telling the court. And, in California, this is done by filing what’s known as a complaint.  

A divorce complaint (also known as a “petition for divorce”) is a legal document that initiates divorce proceedings; it notifies the court of your intentions to dissolve your marriage, asks for their help in doing so, and provides them with the necessary information to help get it done. 

Here’s what you need to know about how to file a divorce complaint in California, and what the Maples Family Law team can do to help you start your divorce process. 

 

Before Filing Your Divorce Complaint

A divorce complaint might mark the official kick-off of your proceedings, however, the process actually begins before you start filling in the blanks. 

Before you file your divorce complaint, you’ll want to pause and consider these three things: 

  1. Residency Requirements. At least one of you must have been a resident of the state for at least six months, prior to filing for divorce, and a resident of that particular county, for at least three.
  2. Type of Divorce. The type of divorce you choose will play a large role in the overall tone of your process. Pay particular attention to whether you qualify for an uncontested divorce. If not, alternative methods such as mediation and collaborative divorce are still much less expensive and time-consuming than traditional litigation.
  3. Select Representation. While you aren’t required to have an attorney, the state of California highly recommends it. An attorney can help you avoid expensive—sometimes irreversible—mistakes, and will ensure your interests are fully represented at all times. 

At some point during your divorce, you will inevitably be forced to contemplate each of these three questions. These pre-game warmups will help you determine where you want the direction of your divorce to go, and help you avoid pitfalls, once you’re there.

How to File Your Divorce Complaint

Once you’ve checked all the boxes for your pre-game warm up, it’s time to file your petition for divorce. While there are a lot of small nuances that will go into this, it can essentially be summed up in three basic steps. 

 

Step 1: Acquire and Complete Petition

Your petition for divorce marks the official beginning of your divorce. However, in order to help you, the court will need some important personal and procedural information about your situation (which should be included in your petition). =

Before you sit down to fill out your divorce complaint, make sure to have the following information on hand: 

  • Your personal information.
  • Your spouse’s personal information. 
  • Your type of separation (i.e. legal separation, divorce, annulment, etc.).
  • Your grounds for filing for divorce.  
  • Your dates of marriage and separation. 
  • The names, identification, and personal information of any minor children that you share—whether biological or adopted. 
  • Your custody preferences. 
  • Your intentions to seek alimony. 
  • All separate property.
  • All of the community property (including debt). 
  • Whether or not you’ll be seeking attorney’s fees. 

This is the same form you’d use to initiate a legal separation, an annulment, and to terminate a domestic partnership. So it’s important to make sure you’re checking the right boxes when filling out this information. 

 

Step 2: Complete Additional Paperwork

While your petition is certainly important, it is only one aspect of filing for divorce, and, in California, there will likely be other documents you’ll need to include in your packet, before filing.

These documents will vary, depending on the unique circumstances of your case (such as, whether or not you have children). However, some of these additional divorce documents will likely include:

  • Summons
  • Proof of Service of Summons
  • Declaration Under Uniform Child Custody Jurisdiction and enforcement Act (UCCJEA) 
  • Child Custody and Visitation (Parenting Time) Application
  • Property Declaration 
  • Declaration of Disclosure
  • Income and Expense Declaration
  • Schedule of Assets and Debt

When in doubt, best to talk to a family law attorney. Divorce errors can be costly, and can sometimes require you to refile. Hence, it’s best to make sure you have everything you need the first time around. 

 

Step 3: File Your Paperwork 

Once you’ve gathered and completed all the necessary forms—and have made at least two copies of everything for your personal records—it’ll be time to file these things with the court. 

Divorces are handled at the county level, so you will need to submit these documents to the county courthouse over your jurisdiction. 

At this time, you’ll also be expected to pay a filing fee. In California, the filing fee for divorce is $435. If you can’t afford this amount, then make sure to include a fee waiver in your stack of documents to file. 

 

After Filing Your Divorce Complaint

After you have successfully submitted your completed divorce documents to the court, there is still one thing left to do, before you can relax: execute proper service on your spouse. 

Service of process is a fancy legal phrase for, “tell your spouse you filed for divorce.” Except, in order for it to count, it must be done properly. This usually requires someone other than you to hand deliver copies of all paperwork to your spouse, and to return proof of service to the court.

A spouse who has been served with divorce paperwork has thirty days to respond. If they don’t, a judge could enter a default judgement in their absence. If they do respond, then you’ll both proceed on to either divorce settlement negotiations, or into preparations for trial.

Either way, the most successful outcome for you lies in making sure you have a trusted family law attorney fighting at your side. 

 

Do You Need Help with a California Divorce Complaint?

Divorce law is complicated and highly nuanced, and–on your own–filing for one can be a daunting task to undertake. However, with an experienced attorney showing you the ropes, it doesn’t have to be as stressful as you might be thinking. 

For more questions on how to file a divorce complaint in California—or what to do if you’ve been served with one—we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help guide you through this important process.  

family-law

Intro to Mental Health and Divorce

Those who are impacted by mental illness—whether personally, or indirectly, through a loved one—know that these unique issues don’t respect boundaries. The effects of mental illnesses (such as anxiety, depression, OCD, and addiction) stretch across every aspect of life, affecting everything from the everyday, to the atypical, including divorce.

Which is why it’s so important to address how mental health and divorce interact. Not just in terms of how these issues might impact your split, but in how divorce, itself, might affect you.

In this article we’ll introduce some of the biggest questions that often arise when mental health and divorce collide, and outline how the right attorney can help you navigate these complex matters during your California divorce. 

 

Mental Illness and Filing for Divorce

Many clients wonder whether the mere existence of a mental illness—either in themselves, or their partner—will prevent them from securing a divorce. 

The answer is a firm no. 

While “insanity” is a legitimate defense to criminal charges, it will not prevent you from getting a divorce from a mentally ill spouse. This is because family law (including divorce) falls under civil court jurisdiction, not criminal court. Hence, the same defenses don’t apply. 

California courts will never force you to stay married, just because your spouse suffers from a mental illness. 

 

Mental Illness and Marriage Annulment

Mental capacity is a key element to negotiating any valid contract, and this includes a marriage contract. This essentially means that both parties know what they’re doing (getting married), and that they are both old enough to make that decision (in California, eighteen). 

Without this mental capacity—say, if you’re too drunk, too high, or underage to know what you’re doing—it’s possible to get a marriage annulled. And it’s definitely possible to see how a mental health crisis might prevent someone from having adequate mental capacity for marriage. 

However, in order for an annulment to stick, you can’t have gotten better after the marriage. Hence, if the individual had a mental illness, but then recovered and lived freely in a marital relationship afterwards, then a judge will not annul the marriage. 

 

Mental Illness and Grounds for Divorce

Mental health issues often come up when couples cite their grounds for divorce. 

In legal speak, your “grounds” tell the judge why you want to get divorced. Grounds are a required part of your divorce complaint, and in some jurisdictions, can be used to assign blame to one spouse for breaching the marriage contract. 

Grounds that request some kind of guilt be placed on one party or the other are called “fault” grounds. Grounds that do not attempt to assign blame are called “no-fault” grounds. 

California is a solidly, no-fault divorce state, meaning judges will not consider fault when dividing marital assets or alimony. Instead, couples filing for divorce must choose between one of two no-fault divorce options:  

  1. Irreconcilable differences 
  2. Incurable insanity

 

1. Irreconcilable Differences

Irreconcilable differences essentially mean that you are no longer able to reconcile with one another, and want out. When filing this way, neither party needs to back up this claim with proof, and no one is held liable for the breakup. 

Because it’s so quick and painless, this is by far the most common grounds cited for divorce in California. 

 

2. Incurable Insanity

Incurable insanity, on the other hand, is rarely cited as grounds for divorce, since the burden of proof is so high. In order to file under these grounds, you must show that your spouse lacks legal capacity. 

Legal incapacity occurs when someone doesn’t have the mental wherewithal to make decisions, and may manifest as:  

  • An inability to stay alert and attentive; 
  • An inability to process information (such as memory or communication); 
  • A detachment from reality (such as the existence of delusions or hallucinations); or, 
  • An inability to control mood and affect.  

Not only must you provide proof from multiple physicians that these elements exist, but these experts must also testify that your spouse is unlikely to ever recover. Which—considering the unpredictable nature of mental illness—is a very difficult diagnosis to procure.  

Furthermore, when mental illness really is that severe, your judge will need to assign your spouse a guardian, who will look out for their interests during divorce process. 

Because of all these complexities, most couples choose to simply file for irreconcilable differences, instead.

 

Mental Illness and Child Custody

Mental illness does not directly influence decisions about child custody. However, depending on the condition—as well as the severity of the symptoms—it’s possible that mental health could still indirectly influence custody. 

This is because in California, custody decisions are made according to the best interest of the child. Here, everything from primary residence, visitation, and child support are determined based on which outcome will serve a child’s long-term health and happiness the best. This is done by weight a number of individualized factors, including:  

  • The child’s age and preference (if old enough);
  • The child’s health and need for stability; 
  • The child’s relationship with each parent; 
  • Each parent’s ability to care for their child; as well as,
  • Any history of domestic violence, abuse, or neglect. 

As you can see, while mental illness isn’t a direct consideration, it can still significantly contribute to many of these factors. Especially when it comes to violence and neglect, or if the mental illness prevents the parent from providing a stable home for their child (such is often the case with drug and alcohol abuse).

Regardless of the circumstances, the court will put the child’s needs above all else, while maintaining parental rights as best as possible within that scope. 

 

Mental Illness and Property Division

Since California is a no-fault divorce state, it’s unlikely that mental illness will have any impact on the division of marital property.  

California is a community property state, which means that anything acquired after marriage belongs to both spouses equally—regardless of whose name is on the paycheck, deed, loan, or card. Hence, without fault to influence this decision, all of this shared property will be divided equally, upon divorce.

 

Mental Illness and Alimony

In some cases, mental illness affects a spouse’s ability to hold down a job, post-divorce. These individuals may struggle to make ends meet, and to maintain their marital standard of living, once divorced. 

In these situations, the court may require the stable spouse to make spousal support payments to help out. Though, the court is highly unlikely to require this when the mental illness is related to alcohol or drug abuse. 

Mental Health During Divorce

When it comes to divorce, it’s not just about how preexisting conditions can affect your breakup. It’s also about the way the breakup affects your mental health. 

Divorce is an extremely stressful and emotional process—even for people who don’t have mental health problems. That’s why it’s so important to make sure you’re mindful of your own equilibrium throughout the entire divorce process. 

For some people, maintaining good nutrition, getting enough sleep, and exercising are adequate. Others might benefit from therapy. Parents, especially, shouldn’t neglect themselves in this regard, since it’s difficult to support a child’s emotional needs when you aren’t taking care of yourself. 

If you need additional resources, your attorney can assist you in finding qualified therapists and programs that can help your family through this transition.

 

Divorce Attorneys in California

Whether you are dealing with your own demons, or the mental illness of a loved one, mental health struggles are never easy. That’s why it’s important to have an attorney understands your needs, and can address your unique needs. 

If you have more questions about mental health and divorce, we want to hear from you. Call Maples Family Law at (209) 989-4425, or get in touch online, and let us help you navigate these matters with the sensitivity and gravitas you deserve.

Annulment of Marriage in California - Stockton Family Law Attorney Divorce

Annulment of Marriage in California

  • September 19, 2017January 17, 2019
  • by Angie

When you want to dissolve your marriage, you have two options: Divorce and annulment of marriage in California.

Most people aren’t eligible for an annulment, so they opt for divorce. However, some people are eligible – and the process for ending a marriage through annulment is far different than it is to end it with divorce. If you think you may need to end your marriage this way, it may make sense for you to talk to a Stockton divorce attorney who understands the law and how an annulment will affect you.

What is Annulment of Marriage in California?

Annulment of marriage (also called a nullity of marriage or nullity of domestic partnership) occurs when a court says that your marriage or partnership is not legally valid.

If the court grants you an annulment, you were never married – at least in a legal sense.

Legal Reasons for Annulment of Marriage

A marriage cannot be legally valid at any time if the relationship is incestuous or bigamous. A marriage can be declared invalid for several other reasons, but if incest or bigamy is present, the marriage is never legally valid in the first place.

Incestuous Relationships

Marriages can be annulled when the relationship is incestuous. That can only happen when the married couple are also close blood relatives.

Bigamous Relationships

If one party is already married to someone else, the second (or subsequent) marriage is invalid. The first marriage on the books is the one that “counts,” and the person with more than one spouse is considered a bigamist. That means he or she is married to more than one person. Bigamy is also against the law in the state of California.

Other Reasons You May Be Able to Annul a Marriage

Annulment of Marriage in California - Stockton Family Law AttorneysUnder California law, the courts can declare some marriages invalid. However, you’ll have to prove in court that these conditions for annulment are present. You must also file within the statute of limitations. You must file before that deadline runs out, or you’ll be unable to file for an annulment and must file for divorce instead.

Age at the Time of Marriage

If the party who is filing for annulment was under the age of 18 when the marriage occurred, the courts can declare the marriage invalid. People under 18 can’t legally enter a contract, and that’s what marriage is under California law.

Statute of limitations: Within 4 years of reaching the age of 18.

Prior Existing Marriage

Prior existing marriage isn’t the same as bigamy, because with a prior existing marriage, the original spouse has been absent for at least 5 years and is not known to be living. If one party was married to someone, and that person disappeared and was thought to be dead, that party can remarry. However, if the original spouse resurfaces (and isn’t dead!), you have a prior existing marriage on your hands – and your current marriage may be declared invalid.

Statute of limitations: None, as long as both parties of the current marriage are still alive.

Unsound Mind

If one or both parties was of “unsound mind” or couldn’t understand the nature of the marriage, a judge could grant you an annulment on those grounds.

Statute of limitations: None, as long as it happens before the death of either party.

Fraud

When one party gets married as the result of fraud, a court may declare it invalid. For example, if a person concealed his or her inability to have children to deceive the person he or she was marrying, the marriage could be annulled. (The fraud may pertain to anything that directly affected why the deceived party agreed to the marriage.)

If someone entered the marriage for the purpose of committing fraud (such as only getting married to get a green card), the court could also declare the relationship invalid.

Statute of limitations: Within 4 years of discovering the fraud.

Force

When one party is forced into getting married, the courts may consider the relationship invalid.

Statute of limitations: Within 4 years of getting married.

Physical Incapacity

If one partner was physically incapacitated at the time of the marriage and remains incapacitated, and the incapacitated partner is “incurable,” the marriage may be eligible for annulment. (In this case, physically incapacitated means the person was incapable of consummating the relationship.)

Statute of limitations: Within 4 years of getting married.

Why Would You Want an Annulment?

An annulment completely dissolves your marriage. In fact, the court will declare that your marriage never existed in the first place.

That means several aspects of the marriage are treated differently than they would be with divorce, including:

  • Division of property. You can’t have community property or debt if you didn’t have a marriage in the first place.
  • Spousal support and benefits. If you were never married, you are not entitled to spousal support, pension benefits, or other financial benefits.
  • The legal presumption that your shared children actually belong to both of you doesn’t exist as it would if you were legally married. That means you have to ask the court to establish paternity for your shared children so that the court can put custody and child support orders in place.

There are some exceptions to these rules, though, so it’s best to talk to your attorney about what you may be entitled to receive.

Do You Need to Talk to a Lawyer About Annulment in Stockton?

If you’re considering filing for an annulment, you’ll probably need to talk to an experienced Stockton family attorney as soon as possible.

Call us at 209-910-9865 or get in touch with us online for an annulment case evaluation. We’ll talk about your situation and start developing a strategy that gets you—and your kids—the best possible outcome.

 

 

Anna Y. Maples Maples Family Law



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