Not all marriages are meant to last. Some are not even legal to begin with. Depending on the specific facts surrounding your marriage, you can either file for divorce or an annulment to get out of the matrimony. An annulment is similar to a divorce – in that it terminates the marriage – but is fundamentally different, as well. After a divorce is granted, your marriage is still acknowledged by the state. On the other hand, after an annulment is granted, your marriage is no longer acknowledged. Rather, it is as if the marriage never happened at all.
What is an Annulment?
An annulment is a legal procedure that declares a marriage null and void. Legally, an annulment, or nullity of marriage, is when a court declares your marriage or domestic partnership as legally invalid.
There are two different types of marriage annulments, a civil annulment and a religious annulment. Courts issue civil annulments. You may not be required to get a civil annulment to obtain a religious annulment. If you were married in a religious ceremony, you should consult with your clergymen regarding the requirements of getting a religious annulment.
Grounds for an Annulment in California
Below are some possible “grounds” or reasons that a judge can issue an annulment request upon:
- The couple is related by blood.
- One spouse was already married before entering into the second marriage (known as bigamy)
- The spouse requesting the annulment was under the age of eighteen at the time of the marriage.
- Either spouse perpetrated a fraud to obtain the other party’s consent to marriage. The fraud has to go to the heart, or essence, of the marriage. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples may include: marrying only to get a green card or hiding the inability to have children.
- One of the spouses has an “incurable physical incapacity.” The most common example is male impotence that prevents the couple from having sexual relations.
- One or both spouses are of “unsound mind” (this means they have a mental condition that prevents them from understanding and appreciating the nature and duties of marriage – including intoxication).
- Either party consented to the marriage or domestic partnership as a result of force.
Contact an Experienced Central Valley Annulment Attorney
To learn more about annulments and the requirements for annulling your marriage, you should call Central Valley annulment attorney Gurjit Srai. Mr. Srai has the knowledge and experience to help you successfully file for divorce.
For more information or to schedule a complimentary consultation with one of our family law attorneys, please call us at (209) 323-5558, or complete our online form.