The advice of a knowledgeable divorce attorney is very important in any annulment action in California. If you think that you may have grounds to annul your marriage or domestic partnership and would like to understand your options, please contact our experienced legal team to schedule a consultation. Call our Brentwood, CA, office at 888-228-1098.
What Is an Annulment?
An annulment in California is when your marriage or domestic partnership is NOT legally valid. A marriage is NEVER legally valid when it is:
- Incestuous (between close blood relatives)
- Bigamous (where a spouse is already married to, or in a domestic partnership with, someone else); an annulment must be filed while both parties are alive
Other marriages and partnerships can be declared “void” (invalid) because:
- One of the people was less than 18 years of age at the time of the marriage or domestic partnership. The annulment must be filed within 4 years after the underage party reaches 18. A parent or guardian of the minor may ask for an annulment while the minor is still under age 18.
- One of the people married or registered a domestic partnership as a result of:
- force (the individual seeking annulment must file the request with the court within four years of the union)
- fraud (within four years of discovering the fraud)
- while physically incapacitated (within four years of the union) or
- while mentally incapacitated (while alive)
- Either side already was legally married or in a registered domestic partnership. This situation is different from bigamy (which is automatically illegal) because in this case, the marriage or domestic partnership took place after the former spouse or domestic partner was absent for 5 years and was not known to be living or was generally thought to be dead.
To obtain an annulment in California, you must be able to prove one of the above. When you petition the court for an annulment, you will be required to attend a hearing with a judge in court to prove your case.
Contact Us with Your Annulment Questions
Our experienced and professional legal team can help you understand your rights as it pertains to your family law case. We will explain how California annulment works, whether you can prove to a judge that your marriage satisfies the criteria for annulment, and advise you as to what the best options are for your situation. Contact our Brentwood law firm to arrange a time to discuss your options and grounds for nullity, and learn how to proceed with confidence. Our divorce lawyer can provide the legal knowledge and representation you need to proceed with a divorce, legal separation, or annulment.