Are you wondering whether you qualify for an annulment instead of a divorce? While divorce ends a legally valid marriage, an annulment declares that the marriage was never legally valid to begin with. However, not all marriages can be annulled, and California law sets strict requirements for granting one. Keep reading to learn the legal reasons for an annulment and whether this option may be right for you.
What Is an Annulment?
An annulment is a legal process that declares a marriage invalid. Unlike a divorce, which legally ends a valid marriage, an annulment declares that the marriage never existed from the start. Once an annulment is granted, it is as if the marriage never legally occurred. Because annulments carry different legal consequences than divorce, they are only granted in specific circumstances.
Legal Grounds for an Annulment in California
To qualify for an annulment, you must prove that your marriage falls into one of the legally recognized categories for invalidation. California law recognizes several legal reasons for annulment, including:
- Bigamy: If one spouse was already legally married to someone else at the time of the marriage, the marriage is considered void because a person cannot legally be married to two people at the same time.
- Incest: Marriages between close blood relatives, such as siblings, parents, or first cousins, are prohibited under California law and are automatically considered void.
- Fraud: If one spouse was tricked or misled into marriage through fraud, the marriage may be annulled. Common examples include marrying for immigration purposes, concealing an inability to have children, or hiding a criminal past.
- Force or Duress: If one spouse was coerced or forced into the marriage against their will, the marriage can be annulled. This includes threats, pressure, or any form of duress that led to the marriage.
- Mental Incapacity: If one or both spouses lacked the mental capacity to consent to marriage—due to intoxication, mental illness, or cognitive impairment—the marriage may be annulled.
- Underage Marriage: In California, individuals must be at least 18 years old to marry without parental consent. If one spouse was underage at the time of the marriage and did not have the required consent, the marriage may be annulled.
- Inability to Consummate the Marriage: If one spouse is physically unable to engage in marital relations and this condition is permanent, the marriage may be annulled. The spouse requesting the annulment must prove that this condition existed before the marriage and that they were unaware of it at the time.
As you can see, there are only certain situations where the court will grant an annulment. A family law attorney in Claremont CA can help determine if your case might be eligible.
Contact Kendall Gkikas & Mitchell, LLP for Help with an Annulment in Claremont CA
If you believe your marriage qualifies for an annulment, it is important to take legal action as soon as possible. Annulment cases can be complex, and providing sufficient evidence to meet California’s legal requirements is crucial. At Kendall Gkikas & Mitchell, LLP, we can evaluate your case, guide you through the legal process, and help you achieve the best possible outcome. Call us today at 909-482-1422 to schedule a consultation and discuss your case!
