Best Annulment Lawyers in California

About Annulment Law in California, United States

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.

Why You May Need a Lawyer

Annulment is a complex legal procedure because not all marriages or partnerships qualify. You may need a lawyer in California to help you:

• Determine if your situation qualifies for an annulment under California law
• Gather and present the necessary evidence to demonstrate the grounds for annulment
• Navigate the filing process, court hearings, and required documentation
• Protect your rights regarding child custody, child support, and property issues
• Respond to an annulment petition filed by your spouse or partner
• Appeal or challenge a denied annulment request

Hiring a knowledgeable lawyer can greatly improve your chances of a successful outcome and help you avoid costly mistakes.

Local Laws Overview

California law provides specific grounds under which a marriage or domestic partnership may be annulled. According to the California Family Code, common grounds include:

• Bigamy - One party was already married or in a domestic partnership with someone else at the time of the marriage
• Incest - The spouses or partners are close blood relatives
• Fraud - The marriage was entered into based on significant misrepresentation
• Force - One party was compelled to marry or partner against their will
• Physical incapacity - One spouse is physically unable to consummate the marriage, and this was not known at the time of marriage
• Unsound mind - A party was not mentally competent to consent to the marriage or partnership
• Minority - One or both parties were underage, generally younger than 18, at the time of marriage or partnership and did not have the necessary legal approvals

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.

Frequently Asked Questions

What is the difference between annulment and divorce in California?

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.

What are valid grounds for annulment in California?

Grounds for annulment include bigamy, incest, fraud, force, unsound mind, physical incapacity, and being underage without legal consent.

How long do I have to file for annulment in California?

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.

Can I get an annulment if my spouse lied to me?

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.

What happens to children if a marriage is annulled in California?

Children of an annulled marriage are considered lawful children. Issues of custody, visitation, and child support are handled similarly to divorce cases.

Is property divided in an annulment?

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.

Do I have to go to court for an annulment?

Yes, annulments require a court hearing where you must present evidence to support your case.

Does religious annulment count as a legal annulment?

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.

If my marriage is annulled, will my marital status change?

Yes, if a court grants an annulment, you are legally single. The marriage is considered never to have existed.

What if my spouse disagrees with the annulment?

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.

Additional Resources

If you are seeking more information or assistance, these resources may be helpful:

• California Courts Self-Help Center: Guidance on annulment forms and procedures
• Family Law Facilitator at your local county courthouse: Free assistance with family law matters
• State Bar of California: Lawyer referral services and informational guides
• Local Legal Aid Organizations: Free or low-cost legal assistance to qualifying individuals
• County Law Libraries: Access to books and materials about annulment and family law

Next Steps

If you believe you qualify for an annulment or want to explore your options, consider the following steps:

• Gather documents related to your marriage or partnership, such as a marriage certificate, communications, and any evidence supporting your reason for annulment
• Consult with a family law attorney experienced in California annulment cases to assess your eligibility and discuss your rights
• Visit your local courthouse or the California Courts Self-Help Center for information on filing procedures and required forms
• Submit your annulment petition and supporting documents to the court
• Attend all required court hearings and respond to any requests from the court

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.