Understanding Nullity and Annulment of Marriage: What You Need to Know | California Divorce

Posted by Tim Blankenship on

 

Understanding Nullity and Annulment of Marriage: What You Need to Know

When it comes to the end of a marriage, many people are often confused about the terms ‘nullity’ and ‘annulment’. These concepts are crucial in understanding how marital status can be legally dissolved. In this post, we will delve into what nullity and annulment mean, the misconceptions surrounding them, and the specific criteria that qualify a marriage for annulment in California.

What is Nullity and Annulment?

Nullity and annulment are two terms that are frequently used interchangeably, but they have distinct meanings in the legal context of marriage. An annulment is a legal procedure that declares a marriage null and void, as if it never existed. This is different from a divorce, which acknowledges that a marriage did exist but is now being dissolved.

In essence, while a divorce ends a valid marriage, an annulment states that the marriage was never valid to begin with. This distinction is important for various reasons, including the ability to remarry and the legal implications that come with each status.

Common Misconceptions About Nullity

One of the biggest misconceptions about nullity is that people often believe that a short marriage qualifies for annulment. Many think that if a marriage lasts only a few days or months, it can easily be nullified. However, this is not the case. The length of a marriage does not automatically qualify it for annulment.

For instance, a notable case involving a Kardashian highlighted this misconception. The husband attempted to nullify his marriage, claiming it was only a short-term union and that the marriage was motivated by a desire for fame. The court denied the annulment, reinforcing that short duration alone does not meet the criteria for nullity.

Criteria for Nullity in California

In California, the court outlines specific criteria that must be met for a marriage to be considered eligible for annulment. There are at least eight recognized reasons that can qualify a marriage for annulment, which include:

  • Bigamy: If one spouse was already married to another person at the time of the new marriage.
  • Duress: If one spouse was forced or threatened into the marriage.
  • Fraud: If one spouse deceived the other into marrying them based on false information.
  • Inability to Consummate: If one spouse was unable to engage in sexual intercourse.
  • Mental Illness: If one spouse was mentally incompetent at the time of marriage.
  • Substance Influence: If one spouse was under the influence of drugs or alcohol, impairing their ability to consent.
  • Prohibited Relationships: If the marriage is incestuous or otherwise prohibited by law.
  • Underage Marriage: If one spouse was too young to legally marry without parental consent.

It’s important to note that even if one of these criteria is met, the burden of proof lies with the individual seeking annulment. The court must be convinced that the marriage is invalid based on the evidence presented.

The Legal Process of Annulment

The annulment process can be complex and may require legal representation. It typically starts with filing a petition for annulment with the court. Both parties will have the opportunity to present their evidence and arguments. If the court finds sufficient grounds for annulment, it will issue a decree declaring the marriage null.

In some cases, if the court does not find valid grounds for annulment, the case may be converted into a divorce proceeding. This means the parties will have to go through the regular divorce process instead.

Why Choose Annulment Over Divorce?

Choosing to pursue an annulment instead of a divorce can have several advantages. First, an annulment effectively means that the marriage never existed, which can be significant for individuals who wish to remarry, especially if religious beliefs are involved. It may also simplify issues related to property division and other legal obligations that arise in divorce cases.

Moreover, annulments can sometimes bypass the emotional and financial complexities that often accompany a divorce. However, it is crucial for individuals to understand that annulments are not simply a quick fix; they require a valid legal basis and can involve a lengthy process.

Conclusion

Understanding the concepts of nullity and annulment is essential for anyone navigating the complexities of marital relationships. While many may wish for a quick resolution to a failed marriage, it’s important to recognize that annulments are not based solely on the length of the marriage or personal feelings about the relationship. Instead, they require substantial legal grounds that must be proven in court.

If you find yourself considering annulment, it’s advisable to seek legal counsel to understand your rights and the process involved fully. Remember, the decision to end a marriage—whether through annulment or divorce—is significant and should be approached with care and consideration.

For more information on divorce and annulment processes, feel free to explore resources available on legal websites and consult with family law attorneys.

 

Understanding Annulments in California: A Comprehensive Guide | California Divorce

Posted by Tim Blankenship on

 

Understanding Annulments in California: A Comprehensive Guide

When it comes to ending a marriage, many people are familiar with the concept of divorce. However, there is another option available that may be more suitable in certain circumstances: annulment. In California, annulments are not as straightforward as they may seem, and it’s essential to understand the specific grounds and processes involved. Let’s dive into the intricacies of annulments in California, including the valid reasons for seeking one, the steps to take, and what to expect during the process.

What is an Annulment?

An annulment is a legal procedure that declares a marriage null and void, meaning it was never valid in the first place. Unlike divorce, which acknowledges that a marriage occurred but ends it, an annulment treats the marriage as if it never happened. This distinction is crucial because it can impact various legal and financial aspects, including property division and spousal support.

Why Seek an Annulment?

People may seek an annulment for various reasons, often stemming from the belief that their marriage was invalid from the start. Unlike divorces, annulments are based on specific legal grounds that must be proven in court. Understanding these grounds is vital for anyone considering this option.

Grounds for Annulment in California

In California, there are six recognized grounds for annulment. Each ground has its own legal implications and requirements:

  • Petitioner’s Age: If one party was under the age of 18 at the time of marriage, they may seek an annulment because they were unable to legally consent.
  • Prior Existing Marriage: If one party was already married at the time of the new marriage, the new marriage can be annulled due to bigamy.
  • Unsound Mind: If either party was mentally incapacitated or unable to understand the nature of the marriage at the time it occurred, an annulment may be granted.
  • Fraud: If one party deceived the other about essential aspects of the marriage—such as their ability to have children or the intention behind the marriage—this may be grounds for annulment.
  • Force: If one party was coerced into the marriage against their will, they may seek an annulment based on the lack of true consent.
  • Physical Incapacity: If one spouse was physically incapable of consummating the marriage, this may also serve as a valid ground for annulment.

The Process of Seeking an Annulment

Filing for an annulment in California involves several steps, each requiring careful attention to detail. Here’s how to navigate the process:

Step 1: Determine Your Eligibility

The first step in seeking an annulment is to determine if you meet the legal grounds required under California law. Carefully assess your situation against the six grounds outlined above. Consulting a knowledgeable attorney can help clarify whether you qualify for an annulment.

Step 2: Gather Required Documents

Once eligibility is established, the next step is to gather all necessary documents to support your case. The most critical document is your marriage certificate. Additionally, collect any evidence that substantiates your grounds for annulment, such as witness statements or relevant correspondence.

Step 3: File the Petition

To initiate the annulment process, you must file a Petition for Annulment (Form FL-100) with the court. This form requires you to provide basic information about the marriage and state the grounds for your annulment request. Along with the petition, you may need to file additional forms if children are involved.

Step 4: Serve Your Spouse

After filing the petition, you must serve your spouse with the annulment papers. This can be done through personal delivery or mail. California law mandates that the papers be served by a third party who is not involved in the case, ensuring that your spouse is officially notified of the annulment proceedings.

Step 5: Attend the Court Hearing

The final step in the annulment process is attending a court hearing. During this hearing, a judge will review the evidence presented and determine whether to grant the annulment. You will need to be prepared to explain why your marriage meets the grounds for annulment and provide any supporting documentation.

What Happens After an Annulment?

If the court grants your annulment, the marriage is considered null and void. This means that legally, it is as if the marriage never took place. However, it’s essential to note that annulments do not automatically resolve issues related to property division, child custody, or support. You may need to address these matters separately in court.

Legal Implications of an Annulment

Obtaining an annulment can have significant legal implications. For example:

  • Children born during the marriage may not be considered legitimate, which can affect custody and support arrangements.
  • Property acquired during the marriage may not be subject to community property laws, complicating division.
  • Both parties may lose the right to spousal support, which is typically granted in divorce cases.

How Long Does It Take to Get an Annulment?

The duration of the annulment process can vary widely depending on several factors, including whether the annulment is contested. Generally, an uncontested annulment may take anywhere from three to six months, while contested cases can take longer due to additional hearings and legal arguments.

Statute of Limitations

It’s crucial to be aware of the statute of limitations for filing an annulment in California, as this can vary based on the grounds for annulment:

  • Fraud: Must be filed within four years of discovering the fraud.
  • Physical Incapacity: Must be filed within four years of the marriage.
  • Underage Marriage: Must be filed within four years of turning 18.
  • Force: Must be filed within four years of the marriage.
  • Unsound Mind: Can be filed at any time before death.
  • Prior Existing Marriage: No time limit; can be filed at any time while the first marriage is still valid.

Why You Should Consider Hiring a Lawyer

The annulment process can be complicated and legally intricate. Hiring a lawyer who specializes in family law can provide invaluable assistance in navigating this process. Here’s how a lawyer can help:

  • Understanding Legal Requirements: An attorney will help you understand the specific legal grounds for annulment and ensure you meet all requirements.
  • Handling Paperwork: A lawyer can assist with the necessary documentation and ensure timely filing.
  • Court Representation: If your annulment is contested, having legal representation can significantly impact the outcome.

Get Started on Your Annulment Today

If you believe your marriage qualifies for annulment, it’s essential to act quickly and seek legal guidance. The experienced attorneys at Divorce661 can help you through every step of this challenging process, ensuring that your rights are protected and that you achieve the best possible outcome.

To learn more about your options or to schedule a consultation, contact us today at 661-281-0266. We’re here to help you navigate the complexities of annulments in California.

 

California Annulment of Marriage Rules : Can You File For An Annulment?

Posted by Tim Blankenship on

California Annulment of Marriage Rules : Can You File For An Annulment?

Today we are talking about Annulments in California also known as Nullity of a marriage in California. We get calls asking about the process for annulments pretty often. However, there is a big myth when it comes to the rules and guidelines one must meet in order to qualify for an annulment.

Length Of Marriage Does Not Matter With California Annulments or Nullities

The biggest myth, or should I say the only myth when it comes to annulments in California is that of the duration of the marriage. Many people believe that they can get an annulment if they were married for a very short time.

This is a myth about annulments that we get from T.V. I can think of one movie in particular, The Hangover, where Doug get’s married and does not remember because they had taken drugs. The next morning they go back to the wedding chapel and ask if they do annulments because they got married last night. ( I will come back to this, because it brings up an actual reason for a nullity)

6 Ways To Qualify For A Nullity of Marriage in California

There are only 6 reasons that you can qualify to have your marriage annulled

There are only 6 reasons you can claim to ask the court to annul your marriage. We are going to be talking about nullity based upon a Voidable Marriage. You see, that is what is happening with a nullity is that you are nullifying or voiding the marriage based on one of 6 reasons.

  1. Petitioner’s age at time of registration of domestic partnership or marriage – the party filing for the annulment was under 18 years old at the time of the marriage or domestic partnership.
  2. 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.
  3. Unsound Mind – either party was of “unsound mind” or unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it.
  4. Fraud – Either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples are marrying only to get a green card or hiding the inability to have children.
  5. Force – either party consented to getting married or filing a domestic partnership as a result of force.
  6. Physical Incapacity – the parties got married or registered a domestic partnership while 1 of them was “physically incapacitated” (basically, it means that 1 of the spouses or partners was physically incapable of “consummating” the relationship) and the incapacity continues and appears to be “incurable.”

So as you can see, the reasons to qualify for a nullity are pretty stiff and time or duration of the marriage is not one of them. In all my time I have completed thousands of divorce cases, and only 3 nullities. Two of them were for prior existing marriages. Meaning, when they got married, one of them was still currently married.

These types of cases are pretty easy to prove. They were previously married and cannot provide proof of a valid divorce and then go remarried. In this case the parties agreed to nullify the marriage.

In the other case of nullity that I handled, the parties got married after a week of drinking and doing drugs and neither party realized what they had done. This was a case where the nullity of their marriage was approved by the court.

Nullities must be approved/ ordered by the court

When you file for a nullity of your marriage, the process is much different than with divorce. You see, with a divorce, you do not have to have a reason and it is just called irreconcilable differences. With nullity you need to prove one of the 6 reasons to the court and they have to agree with your rationale.

Procedurally, this means that on top of filing for a nullity, you also have to file a Request For Order and have a hearing set for the court to hear your evidence as to why a nullity should be granted.

Now back to my example about the movie The Hangover. While they could not get a nullity based on the short term duration of the marriage (at least not in California – Perhaps in Las Vegas), they could try based upon “unsound mind”.

Personally, I think that it should be easy to nullify your marriage in California. People do make mistakes. In fact, I got a call last week and the wife was asking about nullities and I had to break the above news to her. They had only been married for 4 days and both the husband and wife realized that it was a mistake.

Unfortunately, this will just have to be one of life’s learning lessons and will simply have to get divorced. The only real issues is that these people were very young, in their early twenties, and from now on, whenever asked, will have to indicate they are divorced instead of single.

That is until they get married again.