Annulment Lawyer Sunnyvale

If your marriage was legally invalid from the beginning, an annulment may be the best solution. The Law Office of Peter Tuann helps clients in Sunnyvale understand the requirements for annulment and navigate the legal process with ease. If you need assistance dissolving your marriage, call (669) 758-4171 for a free consultation with an experienced annulment lawyer today.

Understanding the Requirements for Annulments

In California, marriage is typically thought of as a lifelong commitment, but what happens when a marriage doesn’t work out or was never valid to begin with? In some situations, a couple may seek an annulment instead of a divorce. Annulment is a legal process that declares a marriage invalid, essentially stating that the marriage was never legally valid from the start. If you are considering an annulment, it’s important to understand the requirements and steps involved.

What Is an Annulment?

An annulment differs from a divorce in one key way: a divorce ends a valid marriage, while an annulment declares that no valid marriage ever existed. Essentially, an annulment erases the marriage as if it never happened. In California, the grounds for annulment are limited to specific situations where the marriage is deemed to have been legally invalid. This can occur due to issues like fraud, coercion, or an inability to consummate the marriage.

Grounds for Annulment

To obtain an annulment, there must be valid legal grounds that make the marriage void or voidable. These grounds are more restrictive than those for divorce, and they are specifically outlined under California law.

Incest: If the marriage was between close relatives, such as siblings, parents, or children, it is automatically considered invalid. This is called “incestuous” marriage, and it is illegal in California.
Bigamy: If one spouse was already legally married to someone else at the time of the marriage, the marriage is considered bigamous and can be annulled. In this case, the individual already has a valid marriage and cannot enter into another marriage without first divorcing their current spouse.
Underage Marriage: California law prohibits individuals under the age of 18 from getting married without parental consent and court approval. If one of the parties was underage at the time of the marriage and did not have the proper consent, the marriage can be annulled.
Lack of Consent: A marriage is voidable if one party did not freely consent to it. This could be due to fraud, duress, or mistake. If someone was pressured, coerced, or deceived into marriage, they may have grounds to request an annulment. Common examples include one party lying about their identity, financial status, or intentions, or when one party was forced into the marriage.
Inability to Consummate the Marriage: If one spouse is unable to engage in sexual intercourse and the condition is permanent, the other spouse may be able to seek an annulment. This is typically called “impotence,” and the inability must be physical, not temporary. The inability to consummate the marriage should be disclosed before marriage and is a valid reason for annulment.
Mental Incapacity: If one spouse was not mentally competent to enter into the marriage due to a mental illness or impairment, the marriage may be annulled. The person must be able to prove that at the time of marriage, they lacked the mental capacity to understand the nature and consequences of the marriage.

How to File

If you believe you meet the criteria for an annulment in California, you will need to file a petition with the court. Here are the general steps involved in the annulment process:

Determine Eligibility: The first step is to confirm that your situation qualifies for an annulment based on the grounds described above. California courts are strict about the requirements for annulment, so it’s crucial to ensure that your reasons align with the law.
File a Petition: To initiate the annulment process, you need to file a Petition for Annulment of Marriage with the appropriate family law court. This petition will detail the reason you are seeking an annulment and must be filed in the county where either you or your spouse resides.
Serve Your Spouse: Once the petition is filed, your spouse must be served with a copy of the annulment petition. This allows them the opportunity to respond. You cannot serve your spouse yourself; instead, you must have a third party who is at least 18 years old serve them. Your spouse will then have 30 days to respond to the petition.
Court Hearing: If your spouse contests the annulment or if there are unresolved issues related to the annulment, the court will schedule a hearing. During this hearing, the judge will review the evidence and determine whether an annulment is appropriate. If your spouse agrees to the annulment, the court may grant it without a hearing. In some cases, the court may also issue temporary orders related to child custody, support, and spousal support, if applicable.
Annulment Judgment: If the court grants your annulment, a Judgment of Annulment will be issued, which officially dissolves the marriage. Once the judgment is signed by the judge, your marriage is legally considered void, and both parties are free to move on with their lives.

What Happens After an Annulment?

After your annulment is granted, the marriage is treated as though it never legally existed. However, there are still important financial and legal considerations that must be addressed:

Division of Property: Unlike divorce, where property is divided according to community property laws, property division after an annulment can be more complicated. In many cases, property acquired during the marriage may still be considered separate property. The court will decide how property should be divided, based on the specifics of your case.
Child Custody and Support: If children were born during the marriage, the court will still address custody and support arrangements. Annulments do not negate the legal responsibilities of both parents to care for their children, and child custody and support issues are still decided by the court.
Spousal Support: Spousal support, or alimony, may not be awarded in annulments since the marriage is considered invalid. However, in certain cases, a spouse may still be entitled to support depending on the circumstances.
Name Changes: If you or your spouse took on the other’s last name, you may want to file a petition to revert back to your maiden name or a prior legal name. This is typically handled through the annulment process or through a separate name change petition.

Common Misconceptions About Annulments

There are several common misconceptions about annulments that can confuse people who are seeking this type of legal remedy. Here are a few to keep in mind:

Annulments are easy to get: Annulments are not easy to obtain. They are only granted in very specific situations. Many people mistakenly believe that annulments are a simple way to end a marriage, but they must meet specific legal grounds.
Annulments automatically cancel all obligations: While an annulment voids the marriage, it does not automatically eliminate financial responsibilities like child support, property division, or debts.
Annulments erase everything: While annulments can clear the record of the marriage, they do not necessarily erase the consequences. Children born during the marriage will still be legally recognized, and financial arrangements must be made.

Speak to a Sunnyvale Annulment Attorney

Annulments are a unique legal process that declares a marriage invalid from the start. While the grounds for annulment are more restrictive than those for divorce, they are a useful option in certain situations. If you believe you have a valid case for an annulment, it is important to consult with an experienced family law attorney to help guide you through the process. Understanding the legal requirements and your options can help you make an informed decision about whether annulment is the right choice for your situation. The Law Office of Peter Tuann can help you understand if this is the right option for you. Our attorneys will guide you through the annulment process and ensure that your case is handled professionally. Contact us today at (669) 758-4171 for a consultation.