Understanding the Annulment Process in California
An annulment is a legal process that treats the marriage as if it never happened. Annulments are less common in divorce, but they are an option in specific situations. This article will help readers understand the general rules surrounding annulments in California law. For detailed information and legal advice on California annulments or the specifics of your case, contact an esteemed San Francisco annulment attorney at Cardwell Steigerwald Young, LLP.
What Qualifies for an Annulment in California?
Annulments completely nullify the existence of the marriage – in legal terms, at least. Due to the extreme nature of annulments, the factors to qualify for one under California law are strict.
California recognizes several possible grounds for annulment. The most common reasons a marriage might qualify for an annulment in California include:
- Underage: One party was under age (under the age of 18) at the time of the marriage.
- Bigamy: One party was still married when they entered into a new marriage (bigamy).
- Force: One party forced the other party to get married against their will.
- Fraud: One party committed fraud to influence the other party to get married or obtain consent for marriage.
- Unsound Mind: One or both parties were unable to consent to the marriage due to being of an “unsound mind” at the time of marriage.
- Physical Incapacity: One spouse or both spouses were physically unable to consummate the marriage, and the condition is incurable.
- Incest: The marriage fits the legal definition of incest.
How Long Do You Have to Get a Marriage Annulled in California?
The amount of time you have to file for an annulment will be different, depending on the reason the annulment is being sought. For example, for:
- Underage marriage: you must file for an annulment within four years of turning 18.
- Bigamy: you may file for an annulment at any time before the first spouse’s death.
- Forced marriage: you must file for an annulment within the first four years of marriage.
- Fraudulent marriage: you must file for an annulment within four years from the date you discovered the fraud.
- Unsound mind: you may file any time before either spouse’s death.
- Physical incapacity: you must file for an annulment within the first four years of marriage.
These timeframes are strict and missing the filing deadline could mean you lose the ability to seek an annulment and must instead proceed with a divorce.
What Do You Have to Prove to Get an Annulment?
To obtain an annulment, you must prove to a judge that you are filing under a recognized ground for annulment, and filing within the statute of limitations for the stated grounds. An experienced attorney can help you navigate that process.
Contact Cardwell Steigerwald Young, LLP
Contact a skilled San Francisco annulment attorney at Cardwell Steigerwald Young, LLP to begin working with our trusted team.
Source:
selfhelp.courts.ca.gov/divorce-california/annulment
