California Annulment: In California, a couple can end their marriage by divorce and, in some cases, through annulment. Although it may seem as if the requirements should be the same, there are some important distinctions under the law. So, if you are considering legally ending your marriage, you may be wondering: Can I get my California marriage annulled?
What is an Annulment?
A divorce is a legal end to a marriage. An annulment is the voiding of a marriage. The effect of an annulment is to treat a marriage as if it had never existed. However, annulment is limited to specific circumstances.
Grounds for a California Annulment
In California, a person seeking to annul their marriage must meet certain requirements. There are numerous grounds that can be named in a petition for annulment, including:
Age: The party who commences the proceeding or on whose behalf it is commenced was under 18 when wed, and it wasn’t legal to marry.
Bigamy—When a spouse is already married to someone and marries again, the second marriage is considered invalid.
Tricked—If a spouse was tricked into marrying, they may have grounds to annul the marriage.
Incapacity—Either party was of unsound mind at the time of marriage unless the party of unsound mind, after coming to reason, freely cohabited with the other as their spouse.
Fraud—The consent of either party was obtained by fraud unless the party whose consent was obtained by fraud afterward, with full knowledge of the facts constituting the fraud, freely cohabited with the other as their spouse.
Duress—The consent of either party was obtained by force unless the party whose consent was obtained by force afterward freely cohabited with the other as their spouse.
Physical Incapacity—At the time of marriage, either party was physically incapable of entering into the marriage state, and that incapacity continues and appears to be incurable.
Relationship—Marriage between people who are related within a certain degree is void as a matter of law and, therefore, can be annulled.
How Long Do I Have to Get an Annulment?
Generally, a person who can file for an annulment has four years to do so. However, the timeframe for seeking this remedy depends on the reason for the annulment. If you believe you have grounds to seek an annulment, you should contact an experienced California family law attorney to review your case and determine the applicable statute of limitations.
The Annulment Process
Someone seeking a California annulment will follow a similar process to seeking a divorce. First, the party will file a petition and complete the designated form. Once they have provided the requisite information, the party will serve their spouse. If the couple has minor children, the petitioning party will file a Declaration Under Uniform Custody Jurisdiction and Enforcement Act.
Once the proper documents are filed, the matter will be set for a hearing. During the hearing, the court will hear evidence of your reasons why the petitioning party believes their petition should be granted. If the court grants the annulment, the marriage will be considered void. Those with children will also need to develop custody and support terms.
Contact a California Divorce Attorney
The attorneys at the Law Offices of Judy L. Burger are experienced California divorce attorneys who can answer your questions about annulment and other matters. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.