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What is an Annulment in California?

Posted on in Divorce

b2ap3_thumbnail_shutterstock_463372877.jpgIn California, an annulment is when the court states that an individual’s marriage or domestic partnership is not legally valid. However, the filing individual must prove to the judge that at least one reason for the annulment is true, including prior existing marriage or domestic relationship, age at the time of marriage or domestic relationship, and fraudulent marriage. Filing for an annulment is very different from filing for divorce or legal separation. With the exception to irreconcilable differences, there are many reasons why a marriage or domestic partnership can be considered invalid.

When is a Marriage Not Legally Valid?

When a married couple consists of close blood relatives, or when either spouse in one marriage is married to another individual, the marriage is not legally valid. Other reasons for a nullity in marriage or domestic partnership, include but are not limited to:

  • Age at the time of the marriage or domestic partnership
  • Prior existing marriage or domestic partnership
  • Lack of ability to understand the nature of the marriage or domestic partnership
  • Fraud
  • Force
  • Physical incapacity

If the individual filing for the annulment was under the age of 18-years-old at the time of the marriage or domestic partnership, then his or her marriage could be declared invalid. If either individual was already legally married or in a registered domestic partnership, then there may also be a nullity in marriage or domestic partnership. Another reason for an invalid marriage or domestic partnership may include either individual being of “unsound mind,” or unable to comprehend the obligations that come with marriage or a domestic partnership.

There are also situations of marriages or domestic partnerships as a result of fraud, which must be about an important factor that affected the reason for the deceit of the agreement to the marriage or domestic partnerships. Marrying only to obtain a green card or marrying to hide the ability to bear children are some examples of fraudulent marriages.

Being forced into a marriage or domestic partnership could also cause a legal relationship to become invalid. If either individual was incapacitated at the time of the marriage or domestic partnership, or the incapacity is incurable, then there may be lack of validation in the legal relationship.

Contact a San Jose Marriage Law Attorney

If you or a loved one has concerns about filing for an annulment in a marriage or domestic partnership, you can count on Dominion Law Group, LLP to further answer your questions. To schedule a free initial consultation, please call a Santa Clara marriage lawyer at 408-288-5592 today.

Source:

http://www.courts.ca.gov/1037.htm

 

 

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