8 Reasons a Married Couple May Be Eligible for an Annulment in California

Posted on: October 23, 2019

8 Reasons a Married Couple May Be Eligible for an Annulment in California

Most married couples who decide not to be married anymore will decide to get divorced. However, there are a few other options. Today we will discuss annulments and who is eligible for them. If you are considering your divorce options in California contact Law Office of Michael L. Fell at (949) 585-9055 .

Understanding Annulments

Before we go over the reasons you may be eligible for an annulment, let us discuss exactly what it is. The first thing that people should know is that it is not based on how long you have been married. It is common that people think annulments are possible if a marriage lasted just a few weeks but in fact, an annulment is a judge’s decision that a marriage was not legal in the first place and so the couple was not married.

The Eight Legal Reasons for Annulment:

  1. The married couple were related by blood and thus the marriage was incestuous;
  2. One spouse was already married to another and thus the marriage was bigamous;
  3. One party was not yet 18 years old at the time of the marriage;
  4. One party was legally married to another but the person they were married to had been gone for more than five years and the marrying spouse did not know if their spouse was dead or alive;
  5. One party was found to be of “unsound mind” to understand the marriage and could not legally consent to the marriage;
  6. The marriage was the result of fraud such as marrying someone to get a Green Card;
  7. Either of the parties was forced into the marriage;
  8. Either party is incapable of sexual relations and this cannot be cured or treated.

As you can see, the reasons for annulment are complex and rare. If you want an annulment you will need to be able to prove to a judge that one of the eight reasons above is true of your case.

Others Other Than Annulment

If you do not want to be married but none of the above eight reasons apply to your case, this does not mean you are out of options. It simply means you must either file for divorce or legal separation. California is a no-fault state which means you do not need to have a legal reason to want to be divorced. Your partner does not need to agree to the divorce.

The process can be simple and completed fairly quickly via divorce mediation or you may end up in court litigating. Either way, we strongly recommend that you work with an experienced family law attorney who can help you find the right way forward. Call Law Office of Michael L. Fell at (949) 585-9055 now for a free case evaluation.