Annulling a marriage in california
Some circumstances allow for what is known as an annulment, which essentially means that the marriage or partnership was never valid. Annulling a marriage, in the eyes of the law, means that it never happened. By nature, some marriages are never considered legally valid. This applies to either incestuous marriages that involve two people who are close blood relatives, or bigamy. While these two examples are more straightforward, there are several other marriages that can be declared invalid and annulled.
This is a brief overview of what types of circumstances may qualify for an annulment. Additionally, there is a statute of limitations for an annulment in the state of California and, surpassing that time limit will mean you must get a divorce or legal separation if you still wish to end the marriage or domestic partnership. California law states that you have 4 years to file for annulment if the reasons are due to physical incapacity, age, or by force.
For example, if one partner was under the age of 18 upon entering the marriage or domestic partnership, then they will have 4 years to file annulment. The process for getting an annulment in California is similar to that for a divorce. Steps to getting an annulment in California include :. The spouse requesting an annulment in California carries the burden of proof.
Annulment Lawyer in Los Angeles, CA | LA Divorce Lawyer
If you request an annulment you must provide the evidence necessary to convince the court that your marriage should be annulled. If, for example, you are seeking an annulment because you were not of age at the time of the marriage you will need to offer evidence — such as a birth certificate — proving you were not Statements from eye-witnesses who can confirm your intoxication would be helpful here.
If your petition for annulment of marriage in California is approved your marriage is void. It is as if the marriage never happened. Any property that you and your former spouse owned together will need to be separated. If children are involved you will be required to agree to custody, visitation, and support. In some cases it may be necessary to legally acknowledge the paternity of a child. However, California has presumptions of paternity that generally cover children from an annulled marriage to help establish paternal rights and obligations.
If your petition for annulment in California is denied your marriage remains legal. You may request to amend the FL to fix the problem that caused your denial. Alternatively, you may request to amend the FL to petition the court for a divorce.
For a marriage in which one or both the parties are underage , it may be voidable unless the couple act as a married couple for four years after the age of maturity is reached;. For bigamy , either spouse can file for an annulment while the spouse from the first marriage is alive;. For a marriage based on unsound mind , an annulment may be filed before you or your spouse dies; and.watch
The Basics of Annulment in California
For fraud, force, and physical incapacity , filing has to be within four years of the discovery of the fraud. Along with these forms, you have to prepare a document explaining why the court should grant the annulment. The person seeking the annulment bears the burden of proof as to the allegations forming the basis for the petition. You must then file the forms with the court clerk and pay the appropriate filing fee.
After the initial filing, you have to serve your spouse or domestic partner with the filed paperwork and a few other documents. Service may be through personal service or by mail.
You have to have proof of service for the court. Finally, you must seek a court hearing to finalize the annulment. This also allows the court to deal with issues of custody. Once a California court issues a Judgement of Annulment and the marriage is annuled, you are no longer married and could remarry at any time.
How to Get an Annulment of Marriage in California
California Annulment — Getting a Marriage Annulled. Previous Next. Grounds for Getting a Marriage Annulled in California There are several grounds for getting a marriage annulled in California.