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What Happens If I File for a Nullity of Marriage Under CA Law, and the Annulment Is Denied?

Most marriages begin with an idea that there will be a happily-ever-after. However, if the reality is that your marriage did not begin with both parties being honest, you will want to distance yourself from your partner as soon as possible. There are three ways to end a marriage, namely, divorce, legal separation and nullity. 

While it may be more desirable to get an annulment, because the annulment acts as if the marriage never existed, a judgement of nullity may be granted only when the marriage is determined by the court to be void or voidable under the following conditions: 

Nullity of Marriage Conditions

 

  • Incest – Marriage between close blood relatives.
  • Bigamy – One of the parties in the marriage was in a marriage or domestic partnership with another person.
  • Minority– One of the parties entered the marriage under the age of 18.
  • Unsound mind – If either party is deemed to be of unsound mind and entered into the marriage not fully comprehending the relationship.
  • Fraud or force – A marriage is voidable if either party’s consent was obtained by fraud or force.
  • Time-frame – The nullity of marriage must be filed during a specific period of time pursuant to statute.  

 

No Fault Divorce

If the court denied your request for nullity of marriage, you still have other options.

Contact or call Ann A. Thomson Law at 562-431-4333 to understand if a nullity of marriage, divorce, or legal separation is the right choice for you. It may be confusing to try to decipher your options alone. Ann A. Thomson an experienced family law attorney will provide you with the information you need to ensure the best possible decision is made for your unique situation and family. 


From offices in Seal Beach, the Law Office of Ann A. Thomson serves clients throughout Southern California in communities such as Seal Beach, Santa Ana, Brea, Yorba Linda, Fullerton, Corona Del Mar, Costa Mesa, Newport Beach, Irvine, Laguna Beach, Dana Point, Mission Viejo, San Clemente, San Juan Capistrano, Anaheim, Fountain Valley, Garden Grove, Long Beach, Huntington Beach, Norwalk, Torrance, Rancho Palos Verdes and Los Angeles.