Free Consultation

An Annulment Under California Law

Getting your marriage annulled is a serious decision. Unlike getting a divorce, an annulment will virtually wipe away any traces of the marriage from history. This means that in the eyes of the court, it will be as if the marriage never occurred. The result will be that you will no longer have a presumption of paternity over children conceived during the annulled marriage or the have the right to demand child support from your spouse. As such, it is important to understand the ramifications before you choose annulment.

Annulment v. Divorce: What Is the Difference?

A divorce legally dissolves your marriage. You will effectively be single and have the option to get married again. Once you are divorced, California law still recognizes that you were at one point married but ended due to irreconcilable differences.

An annulment, however, effectively cancels a marriage. Once your marriage is annulled, it is as if you were never married. The courts will not recognize you and your spouse as ever having been married. Any records of your marriage will, in essence, be tossed away and your marriage will be deemed as invalid.

Reasons for Finding a Marriage Invalid

California courts may find a marriage invalid for various reasons, including:

  • At the time of marriage, one of the spouses was less than 18 years of age
  • The parties are close blood relatives or one of them is bigamous
  • One of the spouses is of unsound mind or unable to understand the nature of marriage
  • One of the spouses entered the marriage as the result of fraud or force
  • One of the spouses is irreparably physically incapacitated and unable to consummate the marriage

If the court determines that your marriage is invalid, it will declare that the marriage never even existed under the law.

Steps to Getting Your Marriage Annulled

Annulments may not be as complicated as a divorce, but they do have their own requirements. A request for an annulment must be made before the statute of limitations for an annulment runs out.  The time limit to file for an annulment in California depends on the situation.

Similar to a divorce, you or your Central Valley family law attorney must file the proper documents with the court for it to consider approving your annulment. You must complete the summons to notify your spouse of the petition for annulment within 30 days of filing. He or she will have 30 days from the time of receipt to respond. You must achieve an uncontested proceeding, whether it is the result of a spousal agreement to the summons or a default judgment.

The next step is to attend a court hearing. If the judge deems your request valid, you will get an official order and your marriage will be annulled.

Call an Experienced Central Valley Family Law Attorney

If you need help understanding the annulment process under California law, it is important to consult with an experienced attorney. For more information or to schedule a complimentary consultation with a Central Valley family law attorney, please call Gurjit Srai (209) 323-5558 or (559) 449-1447, or complete our online form.

Please Share This:
This entry was posted in Annulment. Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *

  • Awards & Memberships

    images
    Read More
  • Recent Cases

    images
    Read More
  • Client Reviews

    images
    I highly recommend Mr. Gurjit Srai. Recently Mr. Srai got my criminal case dismissed just within a month. That was really a miracle for me.
    Gurjit was great at keeping me informed with every step of the way with my case. He will give you an honest opinion with your case and advise you well.
    Attorney Gurjit Sing at SARI LAW handle my case perfectly in a really good time manner, he answered and explain in fully detail about all the facts on my each question.
    Gurjit was a Man of his word. He knew the outcome I wanted, and even when there was a clerical error by the court he stepped up and personally handled the issue.
    Mr. Srai helped me with my DUI case. I really liked how he interact with me based on my flexibility. He was very informative and kept me up to date with my case.
    I had no expectations because my experience with lawyers is they take your money and that’s the end of it. Mr Srai was positive and let me know what his strategy was.
    Attorney gurjit is the best lawyers in stockton, I was so down and don’t know what to do when i found out about my situation and attorney gurjit was the answer of my prayers.
    Gurjit is a very good lawyer, he gets everything done on time and is very responsible. I would recommend his to anybody who is looking for a great lawyer.
    First of all, he explained everything that I was to expect in court. He told me what to say and what not to say, and made me feel very at ease.
    I was very happy the first time we talked over the phone. Mr. Srai was very positive from start to end. He let kept me informed the whole way through. Srai was my blessing.
    My review with Gurjit Singh Srai was excenllent he answer all my questions he went step by step how bankruptcy works. He kept me informed in every detail I will recommend him to all my freinds.
    He was very knowledgable and knew exactly what we needed for court. It was nice not getting the run around, or having to return back to court for missing documents or information. He really knows his stuff!
    I recently got a third dui I called around other lawyers and none were as helpful as gurjit as soon as I called him and explained what happened he was very helpful since the first call I made him talking to him.
    Always kept my case and matter top priority. Handled everything properly and has great work ethics. Very knowledgable and courteous. Great lawyer and person over all.
    I had a DUI back in 2005. I had always wanted to get my record expunge,but didn’t know where or how to begin. I explained my situation to a mutual friend; he then referred me to Mr. Srai.
    He is a great attorney and has helped me alot. I would recommend him. He has also helped my friends..
    I am a truck driver and my DL was very important because that was the main support for my family and I. Gurjit helped me throughout the process and was very supportive.
    Gurjit Srai,the most greatest attorny i’ve ever met! He won my case of full child custody. He did an outstanding job! If you’ re looking for a trustworthy,knowledgeable and responsible attorny,pick Gurjit Srai!
    I worked with him About 3 months ago, He helped me at his level best. Very Friendly and Polite. A+++++++++++++++++
    I was really happy with Gurjit Srai’s service. He helped me with my restraining order. He really worked with me to get ready for the court. Whenever I had question’s about the case, he was always there to answer them.
    Took care of my case nice and efficiently. Kept me informed at all times and got my fines reduced significantly. I would greatly recommend this lawyer to anyone looking for one and is a bit short on cash.
    Gurjit srai is an excellent lawyer and he helped me get my dui charges dropped. I didnt have to go to court at all, he did everything for me. He is very friendly and is easy to contact.
    Gurjit has been very professional and honest in advising us. Very prompt and precise.Even in future I will be calling him if I would be in need of an attorney.
    Gurjit Srai did an excellent job in my case. It was always easy communicating with him despite being in a different country. He helped to calmly and realistically go through all my options.
    In meeting Gurjit, impressed with his manners as a gentleman,Foremost he was very professional,his office environment was calming;Gurjit made me feel very secure, in speaking with him about my case.
    Usually an attorney focuses on just one aspect of the law. However, Gurjit Srai does it all! I have been researching attorneys all over California to find out which had the best results and Gurjit was the best by far.
    Made are case very easy and explained everything in great detail. We were extremely satisfied with his service and his attention to detail.
    Gurjit deserves 5 stars. He earned it by winning our trust. Would definitely refer him in future and to my friends and relatives.
    I would like to start by explaining my case. I was involved in a DUI incident on December 24, 2010. I was scheduled to appear in court in March of 2011. In between the arrest date and the court date, you are given a notice of suspension.
    I hired Mr. Srai to handle my dui case this year. I received this in the county in which he resides and practises, i live in another county. He made a couple trips to my location.
    Mr. Srai was extremely prompt and verfy informative when it came to my case! Some say the best way to reach me is by this way or that..in my case, it started with an email and ended with a phone call.
    When convicted of a DUI gurjit helped me get a dry reckless, his mellow yet determined attitude kept me calm and confident in my case, so calm a confident that i was minutes late to my appointment at court!
    Mr. Srai helped me reduce the inconvenience of taking my license for a year and 450 dollars to 24 hours of community service. He was vey nice easy to get ahold of and knows how to do his job very well
    star Read More