Annulments are different from divorces because they declare a marriage legally invalid, as if it never existed. While not every marriage qualifies for an annulment, California law provides specific circumstances where an annulment may be granted. If you are considering this legal option, here are the key factors that determine eligibility. Contact Law Office of Michael L. Fell at 949-585-9055 for a free legal consultation with a family law attorney.
What Is an Annulment?
An annulment is a legal decree that nullifies a marriage, treating it as though it never took place. Unlike divorce, which ends a valid marriage, an annulment is only granted under specific conditions where the marriage was never legally valid or was obtained under questionable circumstances.
Legal Grounds for Annulment in California
California law allows annulments under the following circumstances:
1. Fraud or Misrepresentation
If one spouse entered into the marriage under false pretenses, an annulment may be granted. Examples include:
- Marrying solely for immigration purposes.
- Concealing a major issue, such as an inability to have children.
- Lying about religious beliefs when faith was a fundamental aspect of the marriage.
2. Bigamy
If one spouse was already legally married to someone else at the time of the marriage, the new marriage is considered void. This situation often occurs when a previous marriage was never properly dissolved.
3. Incest
California law prohibits marriage between close blood relatives, such as siblings or a parent and child. If such a marriage occurs, it is automatically void and eligible for annulment.
4. Lack of Legal Age
If one or both parties were under 18 at the time of the marriage and did not have parental consent or court approval, the marriage may be annulled.
5. Unsound Mind
If one party lacked the mental capacity to consent to the marriage—whether due to mental illness, intoxication, or another impairment—the marriage may be invalid.
6. Force or Coercion
If a person was forced or threatened into marriage against their will, they may qualify for an annulment.
7. Physical Incapacity
If a spouse is permanently unable to engage in sexual relations and the other spouse was unaware of this condition at the time of marriage, an annulment may be possible.
Time Limits for Filing an Annulment
Unlike divorce, annulments have strict time limits depending on the grounds for annulment:
- Fraud or Misrepresentation: Must be filed within four years of discovering the fraud.
- Bigamy and Incest: No time limit applies since the marriage is void.
- Lack of Legal Age: The minor or their parent/guardian must file before the minor turns 22.
- Unsound Mind: Can be filed any time before the death of either spouse.
- Force or Coercion: Must be filed within four years of the marriage.
- Physical Incapacity: Must be filed within four years of marriage.
How an Attorney Can Help
Seeking an annulment can be legally complex, requiring proof that your case meets California’s annulment criteria. An experienced family law attorney can help by:
- Evaluating whether your situation qualifies for annulment.
- Gathering evidence to support your claim.
- Representing you in court proceedings.
If you believe your marriage may qualify for an annulment, contact Law Office of Michael L. Fell at 949-585-9055 today to discuss your options and take the next legal steps.