Family Law Blog

Reasons to Choose Annulment Over Divorce

Thursday, September 28, 2017


It happens every day. Couples come to the decision that they no longer want to be together. If they were dating, the split is heart-breaking but simple. However, if they are legally married, splitting up is just ever so much more difficult. When it comes to dissolving a marriage, there are two choices: divorce or annulment.

Contrary to the belief, annulments aren't just for quickie weddings in Las Vegas, they can be employed for a number of reasons. Unlike divorce, an annulment can only happen if there are specific situations about the marriage. In most states, these include reasons of fraud, bigamy, underage or incompetent spouse, or the marriage has not been consummated.

Typically the difference between an annulment and a divorce is that an annulment makes it as if the marriage never happened, but a divorce will always be on record. In days past when divorce had a negative stigma, seeking an annulment was the preferred course of action. However, today most people seek annulments in order to protect their property and possessions. If you can prove that a spouse was already married or lied about who they were, then a marriage can be annulled and even in an equal division of property states, they will have no claim on what is yours.

Annulments may be the preferable option for some, but if you do not fit the strict requirements, then you will have to settle for a regular old divorce. However, that doesn't mean you have to lose everything. With the right divorce lawyer, you can make sure your divorce goes smoothly and in your favor. If you are considering a separation, contact us today.

Inheritance Rights of Domestic Partners

Thursday, September 21, 2017

When it comes to registering domestic partnerships, couples share many of the same rights as marriage. However, there is no argument that there are some distinct differences in rights when it comes to domestic partners and married couples, which is why it is always worth looking into your rights as a domestic partner.

One of the many things that domestic partnerships often overlook, or just plain don't want to think about, is the end of life. Do inheritance rights of domestic partnerships differ from marriage? Knowing and not knowing could mean the difference between being well cared for and losing everything.

In marriage, when a spouse dies without a will or intestate, the estate will still pass on to their living spouse, but is it the same with a domestic partnership? In California, yes it is. California recognizes many of the same rights of domestic partners as it does with married couples, meaning that if one partner dies, even without a will, the other partner will still have inheritance rights akin to a spouse.

However, not all states are as understanding. If the domestic partnership couple moves to another state, they may not be afforded the same rights. Some states will not recognize the inheriting rights of domestic partners at all. This means if they are not specifically written into a will as an inheritor, the living partner will receive nothing.

If you are in a domestic partnership in California, you enjoy a number of liberal rights, but that doesn't mean you don't need a lawyer when things go south. If you need legal representation, contact us today.

Four Reasons You Need a Prenuptial Agreement

Thursday, September 14, 2017

More and more marriages end in divorce. No matter how much you want your marriage to last forever, the odds may be against you. Because of this, prenuptial agreements are becoming popular.

Here are some reasons why you should have a prenuptial agreement (no matter how much you love the other person and don’t believe it will end).

  • Prenuptial agreements are there to protect you. Odds are against most marriages so if you have things that are valuable to you, you really need to protect yourself. It allows you to leave the marriage with what you came with. Your ex-spouse will not be able to take your valuables away from you. 
  • Prenuptial agreements are not just for rich people. If you (or your soon-to-be- spouse) have significant debt, a prenuptial agreement will protect each other. If there is still debt when you break up, you won’t have to pay your ex’s debt. He or she also will not be responsible for yours.
  • If you own a business, you need a prenuptial agreement. This will, not only ensure that the business stays in your name but will make sure that you get what you earn. It also goes the other way. If your business fails, your partner is protected against the loss.
  • Prenuptial agreements can also make divorce much easier. You will already know who is getting what in the event that you divorce so there will be less fighting. Couples with a relatively easy divorce are more likely to stay friends which is really important when there are children involved.

Though nobody wants to think about their marriage ending (especially right before the wedding), odds are that your marriage may not last. For this reason, it is important to have a prenuptial agreement in place. It will protect you and your soon-to-be-spouse.

Contact us for all of your legal needs.

Three Ways To Know that Divorce is Right for You

Friday, September 08, 2017

Getting divorced is a difficult decision. Though it can be a long hard road, especially if you have children, it may be the best thing for your family. Before, during, and afterward, many people struggle with their decision, even if it was the right one to make.

Here are some ways to know that divorce is right for you (and your family).

There are no more feelings between you and your spouse. Many times couples still love each other but they see no way to make their marriage work. Throughout these divorces, there are too many hurt feelings. One or both of you may think that you can work it out eventually. However, if neither of you love each other anymore, a divorce could be a good thing.

You need to know if you are truly serious about divorce or you are just threatening with it, in order to change something. Many people threaten their spouses with divorce to make them change their mind about something. They may want to gain some control in the relationship or they may really just want to give their spouse a wake-up call.

You need to be ready for your life to change completely. Not only are you going to lose the person who was supposed to be the most important person in your world, your living situation, finances, and your whole life is going to change. If you have children, they may go through phases where they are angry and unhappy and you have to be prepared to deal with that.

Getting divorced may be the best thing that ever happens to you. However, if you are not ready, you will just spend more time grieving the life that you thought you were going to have. You need to make sure that you don’t have any more feelings for your spouse as well as be ready for all of the changes that are coming!

Contact us for all of your legal needs.