San Jose Divorce Attorneys

What is the difference between annulment and divorce proceeding?

An annulment (or nullity) proceeding is instituted for the purpose of determining by a judicial ruling that a valid marriage never took place due to some defect that existed at the time the parties were married.  By contrast, a divorce proceeding is instituted in order to terminate a valid marriage for reasons that occurred after the marriage was entered into.  Both types of proceedings restore the parties to the status of un-married persons.  A third type of proceeding, that for legal separation, seeks a judicial determination regarding the financial and other obligations of a married couple living apart, but their marriage is not legally dissolved.

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