Annulment of Marriage
An annulment is when a judge determines that your marriage (or domestic partnership) is not legally valid. After an annulment, it is as though your marriage never took place because it was never legal.
Grounds for Annulment
To get an annulment, you must prove one of the following grounds:
- The spouse seeking the annulment was under 18 at the time of the marriage.
- Either spouse was of unsound mind.
- One spouse defrauded the other based on an issue essential to the relationship that directly affected why the defrauded party agreed to marry.
- Duress or force.
- One of the spouses was physically incapable of consummating the relationship and the incapacity is incurable.
- The spouse of one of the parties was alive, and the marriage took place after the spouse was absent for 5 years and not known to be alive or was generally thought to be dead.
Proving a valid ground for an annulment is very challenging. A West Covina family lawyer can advise you about exactly what you need to show to a judge before he or she will agree to grant you an annulment.
There are time limits within which you may obtain an annulment, depending on the ground for the annulment. Therefore, it is important to contact a West Covina family attorney as soon as you become aware of the potential ground for annulment.
If the court denies your request for an annulment, you can seek a divorce or legal separation. Your West Covina family lawyer can help you with this proceeding.
Parenting Issues
If you and your spouse have children together and you get an annulment, you must seek a court order to establish the children’s paternity. After the court establishes the children’s paternity, you can request orders regarding custody, visitation, and child support. A West Covina family attorney can advise you how to do this.
Property Rights
When you annul a marriage, California’s community property laws no longer apply. Therefore, dividing any property or debt that you accrued while you were married is much more complex. You do not have the legal right to spousal support or a share of the other person’s retirement benefits.
Void Marriages
Some marriages are void and automatically considered illegal. A court order to annul a marriage is not necessary when the marriage is:
- Bigamous: At the time of the marriage, one spouse was currently married to someone else; or
- Incestuous: The spouses are close relatives, such as parent/child, siblings, uncles/nieces, aunts/nephews.
Contact Us
Whether you are dealing with an annulment, divorce, or custody, you need the best advice possible. West Covina family attorney Daniel V. Cota has a proven track record of success and can guide you through the family court system with the best outcome possible. If you would like to arrange for a free consultation, call (800) 351-6860 today.