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Annulment, also known as a “nullity of marriage,” is a legal process in California that declares a marriage or domestic partnership invalid from the start. Unlike divorce or legal separation, which acknowledges the legitimacy of the marriage before ending it, an annulment means the marriage or partnership was never legally valid. Annulments are available under specific circumstances outlined by California law, and they are not as common as divorces. People may seek annulment for reasons such as fraud, coercion, or situations where legal requirements for marriage were not met.
Annulment is a complex legal procedure because not all marriages or partnerships qualify. You may need a lawyer in California to help you:
Hiring a knowledgeable lawyer can greatly improve your chances of a successful outcome and help you avoid costly mistakes.
California law provides specific grounds under which a marriage or domestic partnership may be annulled. According to the California Family Code, common grounds include:
Annulment is not automatically granted, even when one of these grounds exists. The party seeking annulment must prove the grounds in court and comply with time limits (statutes of limitations) that apply to certain grounds.
An annulment treats the marriage as if it never legally existed, while a divorce ends a marriage that is considered valid up until the divorce is finalized.
Grounds for annulment include bigamy, incest, fraud, force, unsound mind, physical incapacity, and being underage without legal consent.
Time limits depend on the grounds for annulment. For example, cases based on age must usually be filed within four years after the minor reaches 18, while fraud-related cases must be filed within four years after discovery of the fraud.
Possibly. If the lie or misrepresentation is considered essential to the marriage and goes to the heart of the marital relationship, such as lying about the ability or intention to have children, it may be grounds for annulment due to fraud.
Children of an annulled marriage are considered lawful children. Issues of custody, visitation, and child support are handled similarly to divorce cases.
Since an annulled marriage is considered void, community property rules may not apply, but courts can still make decisions regarding property, debts, and spousal support based on individual circumstances.
Yes, annulments require a court hearing where you must present evidence to support your case.
No, a religious annulment and a legal annulment are separate. To legally end a marriage or partnership, you must go through the California court system.
Yes, if a court grants an annulment, you are legally single. The marriage is considered never to have existed.
Your spouse can contest your request for annulment. In this case, the judge will evaluate the evidence provided by both parties before making a decision.
If you are seeking more information or assistance, these resources may be helpful:
If you believe you qualify for an annulment or want to explore your options, consider the following steps:
Remember, the annulment process can be complicated. Speaking with a qualified legal professional can help you understand your rights and ensure your interests are protected throughout the process.
