Getting an Annulment in California

annulment

An annulment is a judicial decree that says that a marriage was invalid at the time it occurred. You can have your marriage annulled on the following grounds:
• Incest
• Bigamy
• Fraud
• Marriage of a minor without the required consents
• Force
• Unsoundness of mind
• Physical incapacity

That's it. Many people who have had short marriages and want to end them without a divorce "on the record" so to speak.

"Void" marriages are ones that were illegal. A bigamous marriage is where one party is legally married to another person when the marriage occurred. An incestuous marriage is one in which a party is a descendant of the other or where they are related as brother, sister, half-brother, half-sister, niece, or nephew. (In California, marriages between cousins are legal). These are considered "void" marriages.

The other category is "voidable" marriages. These are marriages that the court has some latitude over whether to grant the annulment. For instance, if two seventeen year olds get married without consent but continue to live together after they become adults, they cannot get an annulment when they're 19. Similarly, if someone was fraudulently induced into getting married, but freely cohabits with the other party after the fraud became known, then they do not qualify for an annulment.

The papers must be filed in the Superior Court of the county in which the Respondent lives unless the Respondent does not live in California or is about to depart from California.

Either party in a void marriage may file for an annulment. Generally, only the injured party can file in a voidable marriage. If you want to get more information on an annulment, contact Riverside, San Bernardino, and Rancho divorce lawyer Julian Fox.



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