An annulment is a legal process by which a marriage is declared null and void. It differs from divorce as it declares that the marriage was never valid in the first place. In California, there are specific grounds upon which an annulment can be granted, varying the rules governing annulments from state to state.
Grounds for Annulment in California
Under California law, there are several reasons for which a marriage could be declared invalid. These include:
Age
If either or both parties to the marriage were under the age of 18 at the time of the marriage and did not have the permission of a parent or guardian to marry, the marriage may be annulled.
Incest
The marriage may be annulled if the parties to the marriage are closely related, such as parent and child or siblings.
Bigamy
If one party is already married at the time of the marriage, regardless of the location of the previous marriage, the current marriage may be annulled.
Fraud
If one party married the other under false pretenses, such as hiding a criminal record or lying about their finances, the marriage may be annulled.
Force
If one party was forced into the marriage through threats or physical force, the marriage may be annulled.
Physical Incapacity
In cases where one party is physically incapable of consummating the marriage or engaging in sexual intercourse, the marriage may be annulled.
Filing for Annulment in California
To seek an annulment in California, the party must file a request with the court, seeking an order that declares the marriage null and void. The petitioner seeking the annulment must prove one of the grounds for annulment mentioned earlier and must also meet the residency requirements to file in California.
Effects of an Annulment
When a marriage is annulled, it is as if the marriage never existed in the eyes of the law. Consequently, property acquired during the marriage is not subject to community property laws, and neither party may seek spousal support. However, if there are children from the marriage, they are still considered legitimate and subject to child custody and support orders.
Seeking Legal Advice
If you are considering pursuing an annulment in California, it is crucial to consult with an experienced family law attorney. By doing so, you can navigate the legal process confidently and ensure the protection of your rights. An attorney will provide the necessary guidance to effectively pursue an annulment and assist you throughout the proceedings.