MANY of my clients inquire about the differences between a dissolution of marriage and a judgment of nullity. A dissolution of marriage is when the Court grants a divorce—due to irreconcilable differences, the marriage broke down and the parties wish to end their marriage. On the other hand, a judgment of nullity is when the Court deems a voidable marriage or a void marriage as never having taken place for reasons such as a defect in age (a person was too young to get married), a prior existing marriage, unsound mind, fraud, force, physical incapacity, bigamous marriage, or incestuous marriage.
Many of my clients prefer a judgment of nullity for religious purposes. Unfortunately, a civil nullity is not the same as a Church nullity. Even if a nullity of marriage is granted by a civil court, a Church may deny a nullity. Conversely, even if a dissolution of marriage is granted by a civil court, a Church may grant a nullity of marriage. In other words, a civil nullity does not necessarily mean a Church nullity.
A judgment of nullity should be considered only where the validity of the marriage is in doubt. A nullity proceeding is maintained on the theory that, for reasons existing at the time of the marriage, no valid marriage ever occurred. This means that the marriage, from its inception, is either void or voidable. Whereas a dissolution of marriage seeks to terminate a valid marriage, a nullity action seeks to inquire whether any such marriage ever existed.
In terms of procedure, a judgment of dissolution and a judgment of nullity are the same to some extent. They use the same forms that are filed in court. However, the mandatory six months waiting period does not apply in nullity proceedings, only divorces/dissolutions. Moreover, with a judgment of nullity, it must be presented to the Court and only the Court could decide whether or not to grant a judgment of nullity. This means that an appearance in court and oral testimony, under penalty of perjury, must be taken.
On the other hand, in a dissolution proceeding, the parties do not have to got to court. Parties could settle everything through a Marital Settlement Agreement or a Stipulated Judgment.
When clients tell me their particular story and the circumstances of their marriage, I can determine whether or not a judgment of nullity could prevail in court. Based on the facts of the marriage, clients are better guided as to which route to take—a dissolution or a nullity.
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Ethelene F. Salas, Esq. is a practicing family law attorney. Ms. Salas is a Filipino-American born in the Philippines, raised in the United States, and speaks Tagalog fluently. The Law Offices of Ethelene F. Salas is located at two locations – the main office at 100 N. Barranca St., Suite 700, West Covina, CA 91791 and affiliated offices at 18000 Studebaker Road, Suite 700, Cerritos, CA 90703. To schedule an appointment with her, please call (626) 858-4646 or visit www.EFS-Law.com.
