Puja Sachdev | November 26, 2024 | Divorce
An annulment is a legal process that declares a marriage invalid. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as though it never existed. Annulments are not available for every marriage and are granted only in specific circumstances. If you’re considering an annulment, it’s important to know the rules and steps involved. Here’s what you should understand about annulments in California.
Grounds for Annulment in California
California law allows annulments only in specific situations. These legal reasons, called grounds, include:
- Bigamy: One spouse was already married to someone else.
- Incest: The spouses are too closely related by blood.
- Fraud: One spouse lied about something essential to the marriage, like wanting children.
- Force: One spouse was pressured or forced into the marriage.
- Unsound mind: A spouse wasn’t mentally able to agree to the marriage, possibly due to intoxication or a mental condition.
- Physical incapacity: A spouse is permanently unable to have sexual relations.
- Underage marriage: One spouse was under 18 and didn’t have parental or court approval.
You must have evidence to prove one of these grounds to get an annulment. An experienced lawyer can help you build your case.
Differences Between Annulment and Divorce
While annulments and divorces both end marriages, they are very different in their effects:
- Legal status: An annulment treats the marriage as if it never happened, while a divorce recognizes the marriage but ends it.
- Eligibility: Annulments are granted only under specific legal grounds, while divorces are available for any valid marriage.
- Financial matters: Annulments usually don’t involve dividing property or awarding spousal support, except in certain cases, like when one spouse is a “putative spouse” (someone who believed the marriage was valid).
Understanding these differences can help you decide if an annulment or a divorce is right for your situation.
The Annulment Process in California
The process for getting an annulment is similar to a divorce, but it requires proving specific legal grounds. Here are the steps:
- File a petition: You’ll start by filing a “Petition for Annulment” at the family court. In this document, you’ll list the grounds for the annulment.
- Serve your spouse: The other spouse must receive a copy of the petition. They will have a chance to respond.
- Provide evidence: You’ll need to present evidence to prove the grounds for annulment. This might include documents, medical records, or witness statements.
- Attend court hearings: The court will review the evidence and may hold a hearing. A judge will decide if the marriage meets the criteria for annulment.
If children are involved, the court will address issues like custody, visitation, and support.
What Happens After an Annulment?
When an annulment is granted, the marriage is legally void. This means it’s as though the marriage never happened. Both parties return to their single status. However, if one spouse entered the marriage in good faith, thinking it was valid, they may be eligible for certain financial remedies. The court may also handle child-related issues, such as custody and support, just as it would in a divorce case.
Get in Touch With an Experienced Family Lawyer
Annulments in California provide a legal way to declare a marriage invalid under specific conditions. Understanding the grounds for annulment and the process can help you decide if it’s the right option for you.
If you’re thinking about an annulment, consulting with a family law attorney is a smart first step. They can explain your options, guide you through the process, and help protect your rights. Making informed choices is key to resolving your situation and moving forward.
Contact Our Divorce Law Firm in San Diego, CA. Call us at (619) 866-3756
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact us at (619) 866-3756 to schedule a free consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
