Nullity and Annulment of Marriage or Divorce: Understanding the Legal Realities | California Divorce

Posted by Tim Blankenship on

 

Nullity and Annulment of Marriage or Divorce: Understanding the Legal Realities

When it comes to ending a marriage, many people often confuse the terms nullity and divorce. While both involve the dissolution of a marital relationship, they are fundamentally different legal processes with distinct requirements and consequences. In this article, we’ll explore the concept of nullity or annulment of marriage, clarify common misconceptions, and explain when and how a marriage can be legally declared null and void. This discussion is inspired by insights from Tim Blankenship of Divorce661, a seasoned divorce attorney who sheds light on this important yet often misunderstood aspect of family law.

What is Nullity or Annulment of Marriage?

Nullity, also known as annulment, is a legal declaration that a marriage is invalid from the start — essentially treating the marriage as if it never existed. Unlike divorce, which ends a legally valid marriage, annulment implies that the marriage was never legally valid in the first place. This distinction is crucial because annulment and divorce have different legal standards and implications.

Annulments are not simply a quick fix for short-term marriages or marriages that didn’t work out. The law requires specific grounds to qualify for an annulment, and simply having a brief marriage is not one of them.

Common Misconceptions About Nullity

One of the biggest misconceptions surrounding annulments is the belief that if a marriage is short-lived—whether lasting a few hours, days, weeks, or months—it can be easily annulled. Many people assume that a short-term marriage can be “erased” from legal records through annulment, avoiding the lengthy and often complicated process of divorce. Unfortunately, this is not the case.

Tim Blankenship points out that the length of the marriage is not a valid legal ground for annulment. Courts do not grant annulments based solely on how brief a marriage was. Even if a marriage lasted only a few months, the couple typically must proceed through the divorce process to legally end the marriage.

The Kardashian Case: A Real-World Example

To illustrate this point, Tim references a high-profile recent court case involving one of the Kardashians. In this case, the husband attempted to nullify the marriage after just three or four months, alleging that the marriage was entered into for fame and publicity related to their TV show. The court denied the nullity request and required the couple to proceed with a standard divorce.

This example highlights that even in celebrity cases, courts adhere strictly to the legal standards for annulment. A short marriage or claims of ulterior motives like fame do not automatically qualify a marriage for annulment.

Legal Grounds for Nullity in California

While the length of the marriage is not a factor, California law does provide eight specific reasons or grounds on which a marriage may be annulled. To qualify for annulment, the party seeking it must prove one or more of these grounds to the court. These include:

  1. Underage Marriage: One or both parties were below the legal age to marry and did not have proper consent.
  2. Bigamy: One spouse was already legally married to someone else at the time of the marriage.
  3. Incest: The parties are closely related by blood in a way prohibited by law.
  4. Fraud or Misrepresentation: One spouse was deceived into the marriage based on false information or concealment of significant facts.
  5. Force or Duress: One spouse was coerced or forced into the marriage against their will.
  6. Physical Incapacity: One spouse was physically incapable of consummating the marriage, and the incapacity is incurable.
  7. Unsound Mind: One spouse lacked the mental capacity to consent to the marriage at the time it was entered into.
  8. Marriage Under Influence: One spouse was under the influence of drugs or alcohol to the extent that they could not understand the nature of the marriage contract.

It’s important to note that proving these grounds can be legally challenging and often requires substantial evidence. Courts take annulments seriously because declaring a marriage null and void removes the legal recognition of the relationship entirely.

What Happens if You Try to Nullify Without Grounds?

If you attempt to have your marriage annulled but cannot meet one of the legal grounds, the court will generally convert your case into a divorce proceeding. This means you will have to go through the divorce process, which includes dividing assets, addressing child custody if applicable, and other related matters.

As Tim Blankenship explains, “It’s always up to the court. You can always attempt to nullify your marriage, but if the court doesn’t find legal cause or you don’t meet one of these eight reasons, they will simply transfer your case into a divorce case.” This procedural step ensures that marriages are legally dissolved even if annulment is not possible.

Why the Length of Marriage Does Not Matter for Nullity

It might seem intuitive that a very short marriage should be easy to annul, but legally, the duration of the marriage does not factor into the decision. The law focuses on the validity of the marriage contract at the time it was entered into, rather than how long the couple remained married.

For example, if two people marry and later decide they do not want to be married, but there is no legal defect in the marriage itself (such as fraud, duress, or incapacity), then the marriage is valid and can only be ended through divorce, regardless of whether it lasted a day or a decade.

This distinction protects the integrity of the marriage institution and prevents misuse of annulments as a shortcut to ending relationships.

Understanding Divorce vs. Annulment

It’s helpful to compare divorce and annulment side by side to understand their differences:

Aspect Divorce Annulment (Nullity)
Definition Legal termination of a valid marriage Legal declaration that the marriage was never valid
Grounds Irreconcilable differences, separation, etc. Specific legal defects such as fraud, duress, or incapacity
Effect Marriage ends from the date of divorce Marriage is void from the beginning
Duration Can be any length Typically applies to recent marriages with legal defects

Both processes require legal filings and court involvement, but annulments are more restrictive and less common than divorces.

What Should You Do if You’re Considering Annulment?

If you believe your marriage might qualify for annulment, it is essential to consult with a qualified family law attorney who can evaluate your situation based on the specific legal grounds and evidence available. Attempting to nullify a marriage without proper cause can result in delays and the need to proceed with divorce anyway.

Understanding the legal landscape helps set realistic expectations and ensures you take the right steps toward resolving your marital status legally and effectively.

Conclusion

Nullity or annulment of marriage is a complex legal area often misunderstood by the public. As Tim Blankenship from Divorce661 emphasizes, the length of your marriage alone does not qualify you for annulment. Instead, you must have one of the specific legal grounds recognized by the court, such as fraud, duress, or incapacity. Without meeting these criteria, the court will require you to proceed with a divorce to end your marriage legally.

Remember, annulment treats the marriage as if it never happened, while divorce recognizes that the marriage was valid but has ended. Both have significant legal consequences, so it’s vital to understand which process applies to your circumstances.

If you’re facing the difficult decision of ending a marriage, take the time to understand your legal options. Consulting with a knowledgeable attorney can provide clarity and guide you through the process, whether that’s annulment or divorce.

For more information and expert advice on divorce and family law matters, you can visit Divorce661.com.

 

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.

 

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.

 

 

 

 

On Completing Your Nullity of Marriage In Santa Clarita

Posted by Tim Blankenship on

On Completing Your Nullity of Marriage In Santa Clarita

We are proud to say that we recently helped a client complete a nullity of their marriage.

To be honest, we were prepared for failure, but were going to give it our best effort and fight. Why do I say this?

Because a nullity of marriage is much different than a divorce. In a divorce, you don’t need a good reason to get divorced. In fact, you don’t need any reason at all. All you need to say is that there are irreconcilable differences, and nobody will ever ask the reason. Sadly, nobody cares.

However, when it comes to a nullity, you do need to have a reason. And it has to be one of a few legal reasons. And you have to prove it to the court by appearing in court yourself to explain why the judge should annul your marriage.

The reason we took this case on is because this client had already spent $25,000 in attorney fees with a law firm who was unable to complete it for them.

You see, when you run out of money and are unable to pay your attorney fees, that attorney that was your advocate and in your corner no longer has your best interest in mind. No money, no representation.

In this particular case, the reason the nullity was requested was because one of the spouses was still legally married at the time of the marriage. This is one of the legal reasons you can use to get a marriage annulled.

Both spouse were in agreement with the nullity and it was a matter of getting the matter heard in front of the judge who has to make the order and sign the judgment saying he approved of the nullity and that there was legal reason to order it.

There was one other issue. The husband was having another child with his new fiancee’ in 4 weeks and wanted his previous marriage dealt with so his new child would be considered his legitimate child.

Because the nullity had to be heard in front of a judge and because the spouses were in agreement, I sent both of them to court on an ex-parte hearing so they could have their case heard.

I was not sure if the judge would hear the case, because ex-parte hearings are supposed to be emergency cases only, but we used the fact that he was having another child as the emergency. I even told my client I was not sure what would happen at the hearing.

Well the starts were aligned that day and the judge heard the matter and ordered the marriage annulled effective immediately. Our client could not have been happier.

It just goes to show that you don’t need an attorney, even for an annulment of marriage. I don’t assume we will be handling many annulments, but wanted to show folks how hard we work to make things go right for our clients.