An annulment is a legal proceeding that, once complete, declares a marriage null and void. After an annulment, it is like your marriage or domestic partnership never happened because it was not legal in the first place. If you want to pursue an annulment, you should immediately consult with a Central Valley annulment attorney to help determine if your marriage or domestic partnership is legally valid.
Different Types of Marriage Annulments
There are two different types of marriage annulments: a civil annulment and a religious annulment. A civil annulment is directly issued by the courts. However, if you were only married as part of a religious ceremony, you need to consult your clergymen concerning the requirements of getting a religious annulment. Depending on the specific facts of your case, you may not be required to get a civil annulment as part of your religious annulment.
Possible Grounds to File for an Annulment Under California Law
California law allows for the annulment of a marriage in certain cases. Below are some possible “grounds,” or reasons, under which a judge might grant a request to annul a marriage:
- The couple is related by blood.
- Bigamy – one spouse was already married before entering into the second marriage.
- The person requesting the annulment was a minor (under 18 years of age) at the time of the marriage.
- Either spouse engaged in fraud to get 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.
- One of the spouses has an “incurable physical incapacity.” This generally refers to male impotence that prevents the couple from having sexual relations.
- One or both spouses are of “unsound mind.” This means that they have a mental condition that prevents them from understanding and appreciating the nature and duties of marriage – including intoxication).
- Either party consented to getting married or filing a domestic partnership as a result of force.
Call an Experienced Central Valley Annulment Attorney
If you are seeking to annul your marriage, it is in your best interest to consult with an experienced annulment attorney to help you learn your legal rights and options with respect to the division of your assets.