Annulments
An annulment is a declaration by a California court that a marriage was never legally binding or valid. While it is not easy to receive an annulment of your marriage, several specific conditions may be grounds for an annulment. These include:
- If the relationship was incestuous;
- Bigamy;
- Underage Spouse;
- Coercion;
- Fraud;
- or Mental / Physical Incapacity.
If you feel that you have been misled, treated fraudulently, or if any of the above circumstances apply, you may make an application before a judge for an annulment of your marriage. Under the California Family Code there are time limits set that require you to file for an annulment within four years from the date of marriage.
If a party was underage at the time of marriage, they would not be legally entitled to marry, therefore the court would grant an annulment. Additionally, if a person felt forced or coerced to marry, and were able to illustrate to the judge such circumstances, an annulment may be ordered. Additional considerations would include any information just coming to light that might indicate a fraud or misrepresentation at the time of marriage; this could result in an annulment.
If a California judge agrees that these conditions have been met they will issue an order nullifying the marriage (annulment) that has the effect of restoring both parties to the status of unmarried persons.
An experienced California family law attorney can offer you advice about your legal rights and options. They will review the information and the case law to make a determination as to the possibilities of the success of this action in court. They will also look after the preparation of any forms, documents, or petitions to the court, and most importantly they will represent the interests of the party before the judge who considers this request.
If you have any questions regarding California Family Law, please contact us online or call us at 1-888-696-3632.
Related Information
Divorce
Dissolution of Marriage
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