Most people who want to end their marriages are familiar with divorce. However, another way you can legally end your marriage is by seeking an annulment. Although divorce and annulment are aimed at ending the marriage, an annulment makes it as if the marriage did not exist. Therefore, the legal effects of this action are different.
Seeking an annulment involves filing a petition with the family court and attending the hearing. The spouse who files for an annulment is responsible for establishing why the marriage should be declared null and void. The court will only accept the petition to annul your marriage if your reasons are valid. In addition to providing a valid reason, there is a statute of limitations that you must meet. The statute of limitations for filing an annulment varies depending on the reasons behind your petition.
The decision to end a marriage through an annulment is not easy. Like divorce, annulment has several pros and cons. If you want to understand the different aspects and effects of your decision, you must consult with a skilled family law attorney.
Legal Grounds for Annulment in California
Ending a marriage has several options, including divorce, separation, and annulment. An annulment is when the court determines that your marriage or domestic partnership is invalid. Many couples wish that they did not enter the marriage and can explore different legal actions in California. Unfortunately, not wanting to be married to someone is not reason enough to seek an annulment.
An annulled marriage ceases to exist in the records, and whatever your reason for wanting an annulment must meet the strict legal standards of California law. Many people opt for an annulment because it saves them from the complicated legal process of divorce and having to wait six months for the court to reach a decision. In cases where you are blood relatives with your spouse, or a bigamy case arises, your marriage becomes invalid from the beginning. In other cases, situations along the marriage could arise and cause you to file for the annulment.
Annulment works the same way as a divorce to terminate a marriage and allows each party the freedom to remarry. However, when you file a petition for annulment, you must give a valid reason why your marriage should be declared null and void. Before you you’re your petition for an annulment, you should seek the guidance of a family law attorney to help you understand if your reasons stand a chance.
The following are some legal grounds for an annulment:
Bigamy
Bigamy occurs when one person enters a marriage before dissolving a previous marriage. California law dictates that if a person is legally married, subsequent marriages are invalid and eligible for annulment. Learning that your spouse is married to another person is a solid basis for petitioning the court to invalidate your marriage. If you present bigamy as the reason you want an annulment, the court will examine both unions to determine whether the first marriage is still legally binding.
Incest
The law considers a marriage incestuous if it happens between individuals with close family ties. Common marriages that could be nullified based on incest include marriage between a parent and children, grandparents, uncles, aunts, siblings, and half-siblings. A marriage between blood relatives is never legal, and the court will not hesitate to annul it.
Forced Marriage
Lack of consent to enter the marriage can serve as grounds for seeking an annulment in California. This type of situation arose when one of the parties did not or was incapable of consenting to the union. The court determines the issue of consent after listening to your testimony and that of your spouse. The court can also grant an annulment if it is clear that one of the parties consents to the marriage because of fear and threats of violence.
Age
In California, a minor cannot legally consent to marriage. A child, in this case, is any individual under eighteen years. Before a child enters a marriage, they must receive consent from both parents and the court. Therefore, if you entered marriage as a minor, the court can grant you an annulment. However, you must seek the annulment within four years of attaining eighteen.
You were Tricked into the Marriage
Fraudulent intent is another reason a judge can accept your petition for an annulment. Fraud is the omission or misrepresentation of facts that causes another person to act in a particular manner. If a person lies to you or conceals information that would cause you not to marry them, you can file for an annulment after uncovering the truth. Critical information you can use to prove fraud includes sterility, pregnancy, immigration status, existing relationship, and illness, among others.
When you petition the court to annul your marriage due to fraud, you must prove the gravity of the concealed information and how it would have affected your decision to enter the marriage.
Mental Illness
Individuals with mental incapacitation cannot understand the nature and obligations of marriage. If one of the parties in the marriage suffered a mental reason when you entered the marriage, the court could declare the marriage invalid. You can prove a mental illness or incapacitation case by introducing expert testimonies and evidence from psychological evaluations.
Intoxication
In California, a judge can grant you an annulment if your spouse or both of you were under drug or alcohol influence at the time of the marriage. You can prove intoxication by obtaining toxicology reports or any other evidence that suggests that you were incapable of making the right decisions when you made the vows. A case of annulment involving intoxication is complicated, and the outcome will depend on the strength of the evidence you bring forward. Therefore, bringing forward expert witnesses is vital.
Incurable Physical Incapacitation
Inability to consummate a marriage is a valid basis to seek an annulment. Therefore, if your spouse has an incurable physical condition such as impotence which prevents you from engaging in marital relations, you can file for an annulment. However, there is an exception to who can use this as a reason to annul a marriage. If your spouse was disabled and you knew about this fact when you entered the union, the court may reject your petition, and you can explore other options like divorce.
Statute of Limitations for Annulments
If you want a divorce, you can file a petition at any time of the marriage. However, there is a statute of limitations to filing an annulment in California. Often, the deadline for filing the petition varies depending on the specific reason for seeking the invalidation:
- If you file for an annulment because you entered the marriage an underage, you must file the petition within four years of turning eighteen.
- For petitions based on mental incapacitation, the court requires that you attempt to annul the marriage at any time as long as you and your spouse are alive. If an individual cannot file the petition, a relative can do it for them.
- If you realize your spouse was already married, you can file the annulment anytime, provided the spouse from the first marriage is alive.
- If you decide to annul a marriage after realizing that your consent was obtained fraudulently, you have up to four years from the date you uncovered the truth to file your petition.
The laws on statute of limitations are complex. Therefore, if you are unsure of your specific case, you must proceed with the guidance of a skilled attorney.
Process of Annulment in California
The steps you need to follow when you seek an annulment include:
Signing a Petition
The initial stage of seeking nullification of your marriage involves completing form FL-100. This form is similar to the one you sign when you file for divorce. However, for annulment, you must tick the box on ‘nullify.’
Declaration for Annulment
You must provide further information on the marriage you seek to annul. This information includes your official names and those of your spouse and the marriage date. Additionally, you must state your grounds for wanting to nullify the marriage. You must indicate this fact in your petition if you have children from the union.
Serve your Spouse
The court will not proceed with your petition until your spouse is notified of your intentions. Therefore, your spouse will receive a copy of the petition. Your attorney will ensure that the documents reach the intended party.
Wait for your Spouse to Respond
When you file your petition to annul the marriage, your spouse has up to thirty days to file a response with the court. An annulment cannot move forward without the knowledge of both parties. How you move forwards depends on their response. Your spouse can either seek to contest or agree to your petition. Regardless of their response:
- You must attend your court dates to prove to the judge your basis for wanting the marriage invalidated
- You need to prove that you are the putative spouse if you want to receive spousal support or property division.
- If you ask the court to divide property, you must provide all the necessary information regarding your income and assets.
Attend the Hearing
The family court will schedule a hearing where you have the opportunity to justify your grounds for seeking an annulment. If you have witnesses who can testify or offer favorable information about the situation, this will be the time to present them.
If your spouse decides to contest the petition, they must argue their way out at this hearing. The spouse requesting the annulment shoulders all the burden to prove their allegations. Unlike in a divorce, where there is a waiting period, the judge decides on an annulment immediately. If the court grants your petition, your marriage is void.
Pros and Cons of Annulment
Since an annulment makes it as if the marriage did not exist, it is vital to consider the consequences of the decision. Some of the advantages of an annulment include:
- No minimum residence requirement. Unlike in a divorce, where a six-month residency before filing the petition is necessary, an annulment does not have this requirement.
- You will not wait long to receive the annulment. Filing for divorce requires that you wait up to six months for the court to enter a judgment. However, with an annulment, the court terminates the marriage as soon as they find your reasons credible.
- If you seek to annul a marriage based on fraud, the court will ignore all property transactions that occurred throughout the invalid marriage.
- The spousal support and attorney fees are awarded to the party who had a reasonable belief that the marriage was valid.
As you file your petition for an annulment, you should be aware of the following cons about the process:
- Establishing the grounds for an annulment is challenging. If you want to divorce your spouse, you do not have to have any valid reason. You may be doing so to marry another person or simply because you no longer want to be tied to them. However, with an annulment, your reasons must be legally logical.
- Fault is highly probative in annulment proceedings. In your annulment proceeding, fault plays a significant role in property division.
- Community property in an annulment does not exist. This is because the marriage is considered null and void.
- Both parties must appear in court before the judge grants the petition.
- The paternity of the children from the annulled marriage is subject to review.
Effects of Annulment on Parental Rights
The end of a marriage has a significant impact on your life. Whether you divorce, separate, or annul the marriage. The children born in the union could suffer considerable changes. After an annulment, the court wipes out your marriage for the record, and the mother retains custody of the children.
When a child is born in a marriage, paternity for the father is assumed. However, the assumption is lost if the court grants the petition to annul your marriage. Your rights over the children are similar to that of a father with children outside of marriage. As a father, you must seek the paternity of your children.
At the time of the annulment, a father can ask the court to establish paternity. This helps to sort out the issues of custody, visitation, and child support. If you do not want to go through the lengthy and complicated court process, you can go to a public notary and submit a voluntary declaration of paternity. You must seek legal guidance if you seek to annul a marriage where children are involved.
Can a Spouse Contest an Annulment?
Yes. Like a divorce, the annulment has two main parties: the petitioner and the respondent. When you file a petition and give reasons for your petition, the other spouse can respond with a need to contest.
However, a person cannot contest an annulment since they want to remain married to you. There must be sufficient evidence to challenge the reasons you presented to the court. For example, if you want to annul the marriage for reasons of insanity, the other spouse may attempt to argue that they are not mentally challenged.
The issue of contesting an annulment cannot be resolved through written material. Therefore, you must attend the hearing where both sides will argue before the judge. If your spouse contests the annulment and the court denies your petition, you can still proceed to file a divorce.
Can the Judge Deny my Petition on Annulment?
Meeting the legal grounds for an annulment is challenging. If your reasons are invalid or you do not have sufficient evidence to support your reason for wanting to nullify your marriage, the court can deny your petition. However, this is not a sign that you must remain in the union. You can appeal the court’s decision or amend it to make it a divorce petition.
Find a Competent Family Law Attorney Near Me
Seeking to annul your marriage is a serious decision. Unlike a divorce, where you dissolve a marriage, annulment is the process of proving that the marriage was null and void. Not all married couples are eligible for annulment. When you file a petition for an annulment, you have the burden of proof to establish why you seek an annulment. Some reasons a judge may find it necessary to annul your marriage include blood relations with your spouse, forced marriages, marriages that occurred when you were underage, and inability to consummate the marriage.
Since an annulment nullifies your marriage, you will not have the same rights as individuals who have dissolved their marriage through a divorce. Additionally, the annulment could affect your life, including the presumption of paternity for your children and the ability to receive alimony. Before you choose an annulment, you must understand the ramifications of your decision.
At San Diego Family Law Attorney, we will help you assess the options for ending your marriage and guide you in choosing the route that best serves your interests. We serve clients seeking legal guidance to navigate the annulment process in San Diego, CA. Call us today at 619-610-7425.
