Marriage is considered as one of the most beautiful things that can happen to anyone. However, sometimes things may not work out and you might have to take a tough decision of getting an annulment. While some marriages are considered as legally binding, others are considered voidable. If your marriage is voidable, you will have to go through the legal annulment process while ensuring that you meet the necessary legal requirements.
Understanding What Makes a Marriage Voidable
Before considering getting a divorce or seeking an annulment, it’s essential to understand what makes your marriage voidable. In California, certain factors make a marriage voidable. These could include:
- Force, fraud, or coercion
- One of the parties was underage (under the age of 18) when the marriage was formed
- One of the parties was legally married to someone else at the time of the marriage
- The parties are too closely related to each other (e.g., siblings, parents and children, uncles/nieces, aunts/nephews)
If any of these factors are present in your marriage, you may consider seeking an annulment, but you need to act fast.
Timing is Important
It’s important to understand that getting an annulment is time-sensitive. While you can file for a divorce at any time, there is a deadline to file for an annulment. In California, you have four years from the date of the marriage to file for an annulment if your marriage is voidable.
Hire a Family Law Attorney
If you’re considering filing for an annulment, it’s essential to consult with a family law attorney. Family law attorneys are well-versed in the legal processes involved in filing for an annulment in California. They can guide you through the requirements, eligibility criteria, and paperwork involved.
Fill Out the Appropriate Forms
Once you’ve decided to file for an annulment, you will need to fill out the appropriate forms. This includes a petition for nullity, a summons, and a proof of service of summons. These forms outline your reasons for seeking an annulment, the remedies you’re requesting, and other relevant information.
Attend the Court Hearings
An annulment in California requires a court hearing, where the judge will make a decision based on the evidence presented. It’s essential to be present at the court hearing or to have your attorney present on your behalf. The court hearing will provide you with an opportunity to present evidence and make your case.
Other Important Considerations
Before filing for an annulment, there are other important factors to consider. If you have children, you will need to address custody, parenting time, and child support. Additionally, if you and your spouse have marital property or debts, you will need to decide how to divide it. It’s important to consult with a family law attorney to ensure that all aspects of your annulment are addressed.
Conclusion
Getting an annulment can be a complicated process, particularly when your marriage is voidable. It’s important to act fast to ensure that you meet the deadline, hire a family law attorney, and fill out the appropriate forms. Being present in court hearings is also crucial. It’s essential to seek professional legal assistance to ensure that all aspects of your annulment are addressed, including custody and support of children.