Annulment of Marriage
WHEN A MARRIAGE DOES NOT EVEN EXIST
In California, courts do not recognize your “marriage” as a valid marriage if you have not obtained a marriage license. A religious ceremony will neither suffice as a marriage license nor replace a marriage license. In this case, it is not suggested that you proceed and file for an annulment. You may call our office to discuss your case so we are able to obtain all relevant facts and information providing you with adequate and proper legal advice.
VOIDABLE MARRIAGE OR REGISTERED DOMESTIC PARTNERSHIP
Under certain circumstances a marriage or domestic partnership may be declared invalid, however that needs to be proven to the Judge and may be difficult, however, I have been successful in many that had legal ground.
You need to be aware that there is a statute of limitations for a request of an annulment for each basis we are discussing below. Please contact our office so we can discuss the factual basis for which you believe your marriage should be found invalid.
Marriage is recognized by the court’s to be a contract and may be voidable under certain circumstances and upon proof of facts. Each reason listed below could be considered a basis for you to request the court to void your marriage or partnership upon presentation of facts at a court hearing. The request for a nullity of a voidable marriage or domestic partnership is not automatic, but court requires a hearing where the testimony of facts or evidence may be presented.
COMMON GROUNDS FOR ANNULMENT:
BIGAMY
A marriage is void if one spouse or domestic partner is already married or in a registered domestic partnership with someone else. In some instances, the previous marriage or the marital status has not been legally terminated unknown to some clients which proposes an issue. Please call our office so we can discuss the details of your case.
INCESTUOUS
When the people who are married or in a registered domestic partnership are close blood relatives.
FORCE
One of the spouses or partners is entered into the marriage or partnership by force.
FRAUD
Fraud and misrepresentation could be considered a basis for you to request the court to void the marriage or partnership, however, the fraud has to go to the “essence of marriage or partnership.” The fraud must have been about something vital to the relationship that directly affected why the deceived party agreed to the marriage or domestic partnership.
UNSOUND MIND
If one of the spouses or partners entered into a marriage or domestic partnership is of an unsound mind or unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it.
PHYSICAL INCAPACITY
The parties got married or registered as a domestic partnership while one of them was “physically incapacitated,” unable to consummate the relationship, and physical incapacity appears to be incurable.
AGE
If one of the spouses or partners is under the age of eighteen (18) years old at the time of the marriage or time of entering into the domestic partnership.
PRIOR EXISTING MARRIAGE OR DOMESTIC PARTNERSHIP
Either party was already legally married or in a registered domestic partnership. This is different from bigamy (which is automatically illegal) because, in this case, the marriage or domestic partnership took place after the former spouse or domestic partner was absent for 5 years and not known to be living or generally thought to be dead.
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