Los Angeles Annulment Attorney

What is an Annulment?

An annulment is a legal procedure that nullifies a marriage, declaring it invalid from the outset as if it never legally occurred. This contrasts with a divorce, which ends a legally valid marriage. Grounds for annulment typically include factors like fraud, bigamy, incest, underage marriage, force/duress, or incapacity.n Annulment provides a legal decision that a valid marriage never occurred. This is different from a dissolution of marriage, or divorce, which ends a valid marriage.

Courts use different criteria to grant an annulment than they use for divorce. California divorces may be approved for a variety of reasons, but annulments require a specific set of factors. One common misconception is that the length of a marriage influences whether you can get an annulment. In reality, even if you were married only for a short time, you may not be eligible for an annulment.

What is the difference between an Annulment and a Divorce  in California?

With an annulment, a marriage is treated as though it never occurred. However, there can be complex factors that influence whether an annulment is possible for you. With the help of an expert Los Angeles divorce attorney, like Charles M. Green, you will have the information and representation you need.

As a certified California Family Law Specialist, Charles M. Green will help you understand the issues involved in your case. He can explain how annulment works; whether your marriage meets the burden of proof for annulment; and how much time you have before the statute of limitations run out.

Evaluating Your California Annulment Case

The court may find that your marriage is invalid for one of two reasons:

• It did not follow statutory formalization procedures: license, solemnization and authentication. For example, if you and the other party were not issued a marriage license, you may have a “voidable” marriage.
• It did not follow legal requirements. Two parties may have a voidable marriage if their marriage involved incest, bigamy, fraud, minor parties, force, or other concerns.

Charles M. Green can help you to explore your circumstances to identify whether your marriage may be annulled. A court with proper jurisdiction can void the marriage in these cases. If the marriage is not voidable, you may instead proceed with an ordinary divorce.

Other Factors with an Annulment Case

While issues such as the age of one of the spouses can invalidate a marriage, there are exceptions in certain cases. It’s essential to explore each of these factors fully to present the best case possible for annulment.

For example, if one of the parties was a minor but, after attaining age 18, “freely cohabited with the other as husband and wife” [CA Family Code § 2210(a)], the marriage may be considered valid. The length of the marriage may also come into play. A minor has four years from the time he / she reached the age of consent [CA Family Code § 2211(a)(1)] to annul a marriage on these grounds.

Clients often have questions about some of the complicated areas of the law related to annulment. Marriages may be found invalid for any of the following reasons:

Unsound mind. Either party was unable to understand the subject matter of the marriage contract and obligations.

Physical incapacity. Either party was “physically incapable” of engaging in normal copulation, and such incapacity continues and appears to be incurable.

Fraud. Either party’s consent to the marriage was obtained by some sort of fraud that goes to the very essence of the marital relation, such as concealment of sterility, an existing pregnancy, or of an intent not to terminate a sexual relationship with another.

On the surface, these issues may apply to your relationship. However, they are complex topics that require the expertise of a Los Angeles family law attorney.

Your Marital Property Assets and Rights in a California Annulment

California Annulment FAQs

Q: How long can you be married and still get an annulment in California?

A: In California, there’s no specific duration of marriage after which an annulment becomes impossible. However, it’s generally advisable to file for an annulment sooner rather than later. This is because some grounds for annulment, such as fraud or force, have a statute of limitations.

Q: Can you get an annulment without the other person?

A: Yes, it is possible to get an annulment in California even if the other party is unwilling or absent. The court may grant an annulment based on one party’s testimony and evidence. However, it’s important to note that proper legal notice to the other party is required.

Q: What qualifies a marriage for an annulment?

A: A marriage may qualify for an annulment in California under several circumstances. These include if the marriage is incestuous, bigamous, entered into under age, force, fraud, physical incapacity, or with an unsound mind.

Q: What is the waiting period for an annulment in California?

A: In California, there is no mandatory waiting period to obtain an annulment. Once the annulment is filed, the case proceeds through the court system. The duration of this process can vary based on the court’s schedule and the complexity of the case.

Q: What are the most common grounds for annulment?

A: The most common grounds for annulment include bigamy, incest, fraud, force, age at the time of marriage (under 18 without consent), unsound mind, and physical incapacity. These grounds can vary based on the specific circumstances of the marriage.