Best Annulment Lawyers in San Mateo

About Annulment Law in San Mateo, United States

Annulment is a legal process through which a marriage is declared null and void, as if it never legally existed. Unlike divorce, which ends a valid marriage, an annulment essentially erases the marriage from a legal standpoint. In San Mateo, California, annulments are handled under California state law, and specific grounds must be met for a court to grant one. This process can be complex, involving strict eligibility requirements, detailed documentation, and potential court appearances.

Why You May Need a Lawyer

Seeking an annulment is not always straightforward. You may need a lawyer if you are unsure whether you qualify for an annulment, are facing resistance from the other party, or need assistance gathering necessary evidence. Common situations where legal help is needed include cases involving fraud, bigamy, force, physical incapacity, or underage marriage. A skilled attorney can guide you through the process, help you understand your rights, and represent your interests in court, especially if the annulment is contested or complex.

Local Laws Overview

Annulment in San Mateo follows California Family Code sections that specify the grounds on which a marriage can be considered void or voidable. The most common grounds include:

• Bigamy - one spouse was already married at the time of marriage
• Incest - parties are close blood relatives
• Age - one party was under the age of 18 with no parental consent or court approval
• Fraud - one party was induced into marriage by fraud that goes to the essence of the relationship
• Unsound mind - one party was unable to give legal consent due to mental incapacity
• Force - marriage was entered into under duress or threat
• Physical incapacity - at the time of marriage, one party was physically incapable of consummating the marriage, and the incapacity appears to be incurable

Annulments have strict filing deadlines, called statutes of limitations, which vary based on the grounds. Documentation and proof are critical, and the burden of proof is on the person seeking the annulment. Children born during an annulled marriage are still considered legitimate, and custody, support, and property division may still be decided by the court.

Frequently Asked Questions

What is the difference between divorce and annulment?

Divorce ends a legally valid marriage, while annulment declares that the marriage was never legally valid in the first place.

What are common reasons for seeking an annulment in San Mateo?

Common reasons include bigamy, fraud, underage marriage, incest, mental incapacity, force, and incurable physical incapacity.

How long does it take to get an annulment in San Mateo?

The timeline varies depending on the complexity of the case and required evidence. Simple cases may take a few months, while contested or complex cases take longer.

Is there a deadline for filing for an annulment?

Yes, each ground for annulment has a different statute of limitations, ranging from a few years to no limitation at all for certain cases like bigamy or incest.

Will an annulment affect the legitimacy of my children?

No, children born during a marriage that is later annulled are still considered legitimate under California law.

Do I need to appear in court for an annulment?

Most annulment cases require at least one court appearance, especially if the other party contests the annulment or if evidence must be presented.

Will property and debt division be handled in an annulment?

Yes, the court may divide property and debts under certain circumstances, but the rules differ from those used in divorces.

If my spouse opposes the annulment, can I still get one?

Yes, but you will need to present sufficient evidence to the court to prove your grounds. Having a lawyer can be especially important in contested cases.

How do I start the annulment process?

You must file a Petition for Nullity of Marriage with the San Mateo Superior Court and serve the papers on your spouse.

Can I remarry after an annulment?

Yes, once your annulment has been finalized by the court, you are free to remarry.

Additional Resources

For additional information or support regarding annulment in San Mateo, consider reaching out to the following:

• San Mateo County Superior Court - Family Law Division
• California Courts Self-Help Center
• San Mateo County Bar Association Lawyer Referral Service
• Legal Aid Society of San Mateo County
• Family law attorneys experienced in annulment cases

Next Steps

If you believe you may have grounds for annulment, it is recommended to gather all relevant documents and information regarding your marriage. Consult with a family law attorney who has experience with annulment cases in San Mateo. They can help you determine your eligibility, explain potential outcomes, and file the necessary paperwork. If cost is an issue, explore free or low-cost legal aid resources in the county. Taking prompt action is important due to possible statutes of limitations on certain grounds for annulment.