Are you considering a marriage annulment in California and need expert legal guidance? I am a dedicated family law attorney who is here to help you navigate the complexities of annulment proceedings. Contact me today to learn more.
Are you considering annulment? It’s important to understand all of your legal options and the annulment process in California to prepare for what’s ahead.
An annulment can be confusing. The Law Office of Cherish Om is here to help. This article explains annulment in California and shows how an annulment lawyer with years of experience helps ensure your interests are well represented in a court of law.
Do you need help with annulment in California, but aren’t sure of which divorce attorneys to trust? Contact the Law Office of Cherish Om. I’m here to assist you and build a trusting attorney-client relationship during this challenging time.
Understanding Annulment
Annulment of marriage in California is a legal process that declares a marriage null and void. Although divorce and annulment both lead to the legal end of a marriage, they differ in key ways. Whereas a divorce marks the end of a legal marriage, an annulment voids the marriage as if it never existed. Annulment is only used in situations where the marriage shouldn’t have occurred in the first place because it was illegal.
What Are The Grounds For An Annulment?
In the state of California, there are several legal grounds for an annulment. Learning these grounds helps you understand if your marriage meets the requirements for voidable marriages.
Physical Incapacity
If your spouse was physically incapable of consummating your marriage through sexual intercourse when it began, you may be able to pursue annulment. However, this incapacity must be considered incurable and not a temporary setback or decision.
Coercion
If you consented to marriage under force or your consent was obtained via fraud, you may be eligible to pursue annulment. It’s important to note, however, that if you decide to keep living with your spouse of your own free will, annulment is not an option.
Bigamy
If you or your spouse was already married at the time of your marriage, your marriage is likely illegitimate under California bigamy laws. However, there are exceptions. If the former spouse was believed to be dead or was missing for at least five years, the new marriage is not considered bigamy. Regardless, you, your spouse or the former spouse can ask to annul your marriage if you find out the former spouse is still alive.
Mental Incapacity
If you were unable to consent to getting married, e.g., you were a minor or had an unsound mind, the marriage is illegal. Underage marriage is only legal with permission from both minors’ parents, and if you did not receive permission, the marriage must be annulled. If you claim temporary insanity but live with your spouse after coming to reason, the marriage is considered a valid marriage and can’t be annulled.
Incest
Incestuous marriage between close family members is strictly prohibited under California Family Code § 2200 and considered void from the beginning. This includes marriages between parents and children, ancestors and descendants of every degree and blood-related siblings (even half-siblings).
As you can see, there are several situations that provide the legal grounds for an annulment in California. However, a short marriage isn’t one of them, and the time of the marriage (its length and duration) is not relevant to annulment proceedings.
How Can an Annulment Lawyer Help?
Even if your marriage meets a ground for annulment, you still have to explain your case to a judge—even if your spouse agrees to the annulment. Whenever going to court is involved, having an experienced family law attorney on your side is important.
From gathering necessary documents to representing your interests in court, your annulment attorney is your advocate throughout the annulment process. An annulment lawyer can also help you understand the steps involved and answer your questions regarding the annulment process.
Fortunately, I have the family law experience needed to help you navigate your annulment case and represent your legal interests. I will listen to your concerns and work with you through every step of the case.
Annulment Requirements
Navigating the legal requirements for marriage annulment in California can be challenging, especially without a dedicated legal expert to assist you. Before pursuing an annulment, it is crucial to understand the eligibility requirements.
Time Limits
If you’re exploring annulment in California, it’s important to understand that there are time limits. In most cases, you must start the annulment process within four years of getting married, but there are exceptions. The best way to determine your eligibility is by speaking with an experienced divorce lawyer.
Legitimacy of Children
In California, children born during a marriage that is then annulled are considered legitimate children. As a result, you may have to prove your spouse’s parentage before the court will make child custody, visitation and child support decisions.
Residency
You must be a California resident at the time of your annulment. However, you do not have to meet the six-month California or three-month county residency requirements for divorce applicants. There is also no waiting period for the annulment process.
Spousal Support and Property Division
Spousal support or property division can only be granted by a judge if one spouse thought the marriage was legal. If you can prove that you believed your marriage was legal, you can ask the judge for spousal support and property division; if both you and your spouse knew your marriage was illegal, you cannot receive any financial support or divide marital property.
Steps to Take to File for an Annulment
The steps to file for an annulment are similar—but not identical—to divorce proceedings. To get started, take the following three steps:
- File a Petition and a Summons in the county where you or your spouse live.
- Have the forms delivered by a server who hands them to your spouse.
- Wait 30 days to see if your spouse responds.
Whether or not your spouse responds, you will need to set a court date so you can prove to a judge that your marriage must be annulled. This day in court will also be when you present any evidence needed to apply for child support, alimony, and other financial considerations.
Cherish Om Law Office: Dedicated Family Law Assistance In Watsonville, CA
The annulment process can be scary. An experienced attorney can make it easier to navigate the legal challenges that come with annulling invalid marriages and offer invaluable legal advice for your situation.
As a trusted divorce and family law attorney in California, I’ve helped numerous clients secure favorable resolutions, whether through annulment, separation or divorce. Ready to get started? Contact me online or call the Law Office of Cherish Om at (831) 291-5315 to explore your legal options today
(831) 291-5315- om-law@outlook.com
1050 S. Green Valley Rd.
Watsonville, Ca 95076
