Are You Eligible for an Annulment in California? You Might Be if One of These Situations is True of Your Case
Posted on: May 11, 2023
When couples decide to end their marriage, divorce is the most common route taken. However, it’s important to note that there are alternative options available. In this article, we will explore annulments and the eligibility criteria associated with them. If you’re considering your divorce options in California, don’t hesitate to contact Law Office of Michael L. Fell at (949) 585-9055 .
Understanding Annulments
Before delving into the eligibility factors for annulments, it’s crucial to have a clear understanding of what an annulment entails. Contrary to popular belief, the decision to pursue an annulment is not solely based on the duration of the marriage. While many assume that annulments are only possible for marriages that lasted a few weeks, the truth is that an annulment refers to a judge’s ruling that a marriage was invalid from the beginning, rendering the couple not legally married.
The Eight Legal Grounds for Annulment
Here are the eight legal grounds for an annulment in California.
- Incestuous marriage: The married couple shares a blood relationship, thereby making the marriage incestuous.
- Bigamous marriage: One spouse was already married to another person, resulting in a bigamous marriage.
- Underage marriage: One party was below 18 years of age at the time of marriage.
- Absent spouse: One party was legally married to someone who had been absent for over five years, with the marrying spouse unsure of their spouse’s status (whether deceased or alive).
- Mental incapacity: One party was deemed to be of “unsound mind” and incapable of comprehending the nature of the marriage or giving legal consent.
- Marriage fraud: The marriage was a result of fraudulent intentions, such as marrying someone solely to obtain a Green Card.
- Forced marriage: Either party was coerced or compelled into the marriage against their will.
- Incurable impotence: Either party is physically incapable of engaging in sexual relations, and this condition cannot be treated or cured.
As evident from the list, the grounds for annulment are intricate and relatively rare. To pursue an annulment, you must substantiate one of the aforementioned reasons before a judge.
Alternatives to Annulment
If none of the eight grounds for annulment apply to your situation, it doesn’t mean you are left without options. You can either file for divorce or opt for legal separation. In California, it is a no-fault state, meaning you don’t require a legal basis to seek a divorce. Your partner’s consent is not a prerequisite for initiating divorce proceedings.
The process can be straightforward and swiftly resolved through divorce mediation or, in some cases, may require litigation in court. Regardless of the chosen path, it is strongly advised to seek guidance from an experienced family law attorney who can navigate you toward the most suitable resolution. Contact Law Office of Michael L. Fell at (949) 585-9055 for a complimentary case evaluation.
Remember, our team is dedicated to helping you find the best way forward in your unique circumstances.
