Annulment Lawyer California

If your marriage was invalid from the start, an annulment may be the right legal solution. The Law Office of Peter Tuann helps clients determine eligibility and navigate the annulment process efficiently. If you need to dissolve your marriage legally, call 925 824-3118 for a free consultation with a knowledgeable annulment lawyer today.

The Legal Process of Filing for an Annulment in California

In California, marriage doesn’t always end with a divorce. In some cases, individuals may seek to have their marriage legally annulled, which means it is considered as if it never occurred. Annulments are granted under specific circumstances and are different from divorces in both process and legal implications. If you are considering an annulment, it’s important to understand the legal requirements, the process involved, and how it might affect your rights and responsibilities.

What is an Annulment?

An annulment is a legal procedure that voids a marriage, declaring it null and void as if it never existed. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as though it was never valid from the start. This is why annulments are sometimes called “a declaration of nullity.”

California law allows annulments in cases where the marriage was not legally valid. Unlike divorce, which requires a division of marital assets and debts, annulments do not divide property unless it’s necessary to determine spousal support or child custody.

Grounds for Annulment in California

To file for an annulment, certain grounds must be met. California law outlines specific reasons that can justify an annulment. These grounds include:

• Fraud: One party was deceived into marrying the other based on false representations or lies. For example, if one spouse misrepresented their identity, intentions, or a crucial fact (such as being married to someone else), the marriage can be annulled.
• Force: If one spouse was coerced into marriage through threats or physical force, the marriage is considered invalid. The spouse who was forced to marry can file for annulment.
• Incest: If the parties are closely related by blood (such as siblings, parent and child, etc.), the marriage is automatically void in California.
• Bigamy: If one of the parties was already married to someone else at the time of the marriage, the second marriage is invalid. The party who was unaware of the other marriage can seek an annulment.
• Inability to Consummate the Marriage: If one of the spouses is physically unable to have sexual relations and this condition existed at the time of marriage, the marriage may be annulled. In this case, the inability must be permanent and undisclosed to the other spouse.
• Mental Incapacity: If one spouse lacked the mental capacity to understand the nature of the marriage contract at the time of the ceremony (due to mental illness, intoxication, or other factors), the marriage may be annulled. This must be proven in court.
• Underage Marriage: If either spouse was under the age of 18 at the time of the marriage, and did not have parental consent or court approval, the marriage may be annulled.

The Process of Filing in California

Filing for an annulment in California involves several steps. The process can be complex, so it’s important to seek the advice of an experienced family law attorney to ensure that you meet all the legal requirements and deadlines.

1. File the Petition for Annulment

The first step in the annulment process is to file a Petition for Annulment with the family court in the county where you or your spouse lives. This petition outlines the reasons for seeking an annulment and provides basic information about the marriage, such as the date of marriage, the names of both parties, and details about any children born during the marriage.

When filing the petition, you must choose the appropriate grounds for annulment. Your attorney can help you determine which grounds best apply to your case. It’s crucial to ensure the petition is filled out accurately to avoid delays.

2. Serve the Petition on Your Spouse

After you file the petition, you must serve your spouse with a copy of the documents. This is known as “service of process.” You can have a third party, such as a professional process server or a sheriff, deliver the paperwork to your spouse. Service is essential to ensure that the court can proceed with the case.

If you and your spouse are in agreement about the annulment, and your spouse cooperates, the process can be more straightforward. However, if your spouse refuses to cooperate, the court can still proceed with the annulment by default, but you may need to take additional legal steps.

3. Responding to the Petition

Once served with the petition, your spouse has 30 days to file a response with the court. If they fail to respond, the court may grant the annulment by default. If your spouse contests the annulment, the court will schedule a hearing to resolve the matter.

In cases where both spouses agree to the annulment, the court may issue the annulment without requiring a full hearing. However, if there are disputes over the grounds for annulment or other related issues (such as property division, spousal support, or child custody), a judge will hold a hearing to decide these matters.

4. Court Hearing

If the annulment is contested, a court hearing will be scheduled. During the hearing, the party seeking the annulment must present evidence to support their claim. This could include documents, testimony, or other forms of proof that justify the annulment.

In cases of fraud, for example, the petitioner must demonstrate that the other spouse made false representations that led them to marry. In cases involving mental incapacity, evidence may include medical records or testimony from a mental health professional.

If both spouses agree to the annulment, the court may waive the hearing and simply approve the annulment. The court may also issue orders regarding any children, spousal support, or property division if necessary.

5. Final Judgment

Once the court has reviewed the evidence and made its decision, it will issue a Judgment of Nullity. This judgment declares that the marriage is void and legally invalid. The judgment may also address issues such as child custody, visitation, child support, and spousal support, if applicable.

It’s important to note that while the court will treat the marriage as if it never happened, certain legal issues (such as the division of property or spousal support) may still need to be addressed. Even though an annulment voids the marriage, the court will still make decisions related to finances and children, just like in a divorce.

Annulment vs. Divorce

While both annulments and divorces end a marriage, they are legally different. The primary distinction is that an annulment treats the marriage as though it never existed, while a divorce ends a valid marriage.

In terms of property division, an annulment generally does not involve dividing assets and debts unless they were incurred after the marriage. If a marriage is annulled, the parties typically return to their financial positions before the marriage, unless there are extenuating circumstances.

Additionally, annulments are not available to everyone. To qualify for an annulment, you must meet one of the specific grounds outlined by California law, and you must file the petition within a certain timeframe. In contrast, anyone can file for divorce, and there is no need to meet particular grounds for divorce in California.

Determine Your Legal Options with an Experienced Annulment Attorney

Filing for an annulment in California can be a complex legal process, and it’s crucial to understand the requirements and the grounds for annulment before proceeding. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as if it never occurred. If you believe your marriage qualifies for annulment, consulting with a family law attorney can help you navigate the legal process and ensure that your rights are protected. Whether you are dealing with issues of fraud, coercion, or mental incapacity, a legal professional can guide you toward the best possible resolution for your situation. The Law Office of Peter Tuann can help you understand your options and guide you through the annulment process. Contact us at 925 824-3118 for a free consultation with a knowledgeable annulment attorney.