California Guide to Annulment
Grounds for an Annulment
In California, there are specific circumstances that would lead to a marriage being void, or annulled. The filing must have burden of proof to one of the below listed reasons for a marriage to be annulled. Contact Ann with any questions.
- Incest: The couple is related by blood.
- Bigamy: This is when one of the spouses was previously married, and then without getting a divorce, entering into the second marriage.
- Age: If one or both of the spouses were not 18 at the times of marriage.
- Fraud: This is one spouse uses false means to obtain the other person’s consent to marriage.
- Incurable Physical Incapacity: Inability to consummate the marriage.
- Force: If one of the spouses forces the other to get married
Statute of Limitation to File for Annulment
When you file for an annulment, the statute of limitation hinges on the reason why your marriage is void.
- The age at the time of marriage or domestic partnership: If the person or persons who married were under 18, must file an annulment within four years after reaching 18.
- Prior existing marriage or domestic partnership: Either party can file as long as the current marriage partnership is alive or by the prior existing spouse or domestic partner.
- Unsound mind: Either party can file saying their partner is of unsound mind.
- Fraud: This may only be filed by the person to whom fraud was committed. It must be filed within four years of discovering the fraud.
- Force: Only the person who was forced to give consent has a standing to file for nullity. The request for nullity must be filed within four years of getting married or registering the domestic partnership.
- Physical incapacity: Only filed by the one claiming the other partner has a physical incapacity. It must be filed within four years of getting married.
Annulment VS Divorce
Division of Property and Debt
In a divorce, assets and debts are typically divided based on community property laws to divide assets and debts. However, in an annulment, the putative spouse is alleging that the marriage is completely void. Despite the void marriage, the putative spouse may request and receive support orders.
Rights and Obligations Relating to the Children
In a divorce, it is assumed all children born during your marriage were from your spouse, however, in an annulment this is not true. In an annulment, paternity must first be established. After that, you may request orders relative to custody, visitation, and child support.
Contact your Seal Beach California Attorney
The Law Office of Ann A. Thomson specializes in family law matters and assists clients with their divorce, annulments, child custody, and more. Ann also serves clients throughout Southern California. Call her today at 562-431-4333 or send an e-mail now to schedule a free initial consultation.