According to the Centers for Disease Control and Prevention, there were 782,038 divorces and annulments in the United States in 2020. In California, a marriage or domestic relationship that is invalid right from the very beginning may be dissolved by petitioning for an annulment. If you are considering filing for an annulment, consulting with an experienced California family law attorney is necessary for proper guidance.
Attorney Karen S. Brown is committed to providing comprehensive guidance to clients in family law matters, including divorce and annulments. She is available to discuss your situation and help you understand the available options to end your marriage. As your legal counsel, Karen S. Brown can offer you the advice and guidance you need on how to dissolve your marriage as quickly and as seamlessly as possible.
The Law Office of Karen S. Brown proudly serves clients throughout Southern California including Los Angeles County, Ventura County, Orange County, San Bernardino County, Los Angeles Beverly Hills, Torrance, Long Beach and San Fernando Valley, and Santa Clarita.
What Is An Annulment?
An annulment can be described as a legal procedure that invalidates a marriage. In California, an annulment can occur when the court issues an order that voids the marriage or domestic partnership. After an annulment, it is just like your marriage never happened since it was never legally valid.
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What Are the Effects of An Annulment?
Some effects of getting an annulment include:
An annulled marriage has no validity.
Children born of the annulled marriage will be presumed to have been born to single parents.
Paternity must be established to protect your child support, custody and visitation rights.
California courts have no legal authority to award spousal support and divide property or debts since the annulled marriage is considered not legally valid.
There are high financial and familial stakes involved in getting an annulment.
How Is an Annulment Different from A Divorce?
The divorce process will dissolve the marriage formally and address the legal ramifications of ending the marriage. Divorce also makes arrangements for marital asset division, child custody, parenting time and alimony. Conversely, an annulment will void the marriage or domestic relationship entirely, making it seem like it never happened. Consequently, the court cannot award alimony or divide property in an annulment.
Who Is Eligible for An Annulment?
To be eligible for annulment in California, there are statutory requirements or “grounds,” including:
The spouses being related by blood
One of the spouses was married before entering into another marriage
The person seeking the annulment was under 18 years of age at the time of the marriage
Either spouse was of “unsound mind” and unable to understand the potential implications
Either party obtained the other spouse’s consent to marriage through fraud, coercion or force
One of the spouses has an “incurable physical incapacity”
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Statute of Limitations
In California, the statute of limitations or deadline for filing for an annulment depends on the reason for the annulment.
A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, must be commenced within the periods and by the parties, as follows:
(a) For causes mentioned in subdivision (a) of Section 2210, by any of the following:
(1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent.
(2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent.
(b) For causes mentioned in subdivision (b) of Section 2210, by either of the following:
(1) Either party during the life of the other.
(2) The former spouse.
(c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.
(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years after the discovery of the facts constituting the fraud.
(e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years after the marriage.
(f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage. (Am Stats 2014, C82)
Family Code §2211
The Annulment Process
In California, the process for obtaining an annulment is quite similar to getting a divorce. The steps are as follows:
Obtain and fill out your legal forms.
Have your attorney review the forms.
Make extra copies of your forms.
File your forms with the court clerk.
Serve copies of the court forms to your spouse.
After serving papers, allow up to 30 days for the other party to respond.
Schedule and attend a court hearing.
An experienced annulment attorney can guide you through the entire process and help you resolve other related issues, including property division, child support, custody and visitation.
Choose an Experienced Family Law Attorney
Petitioning for annulment in California involves several complicated procedures. Understanding the resulting impact and statutory grounds, determining your eligibility, and filing the necessary legal paperwork require proper guidance and experienced representation. A knowledgeable California annulment attorney can review your situation and help you explore your available legal options.
Attorney Karen S. Brown has devoted her career to guiding clients through the complexities of California family law. As your legal counsel, she will discuss every detail of your case with you, evaluate your unique circumstances and determine whether your situation falls within the statutory grounds for an annulment. Using her extensive experience, she will guide you through the entire process and work diligently with all parties involved to resolve key marital issues as quickly and peacefully as possible.
Annulment Attorney Serving California
If you believe that your marriage should never have happened and you’re seeking an annulment, contact the Law Office of Karen S. Brown to schedule a one-on-one consultation. Attorney Karen S. Brown can offer you the comprehensive guidance and compassionate representation you need. The Law Office of Karen S. Brown proudly serves clients throughout Southern California including Los Angeles County, Ventura County, Orange County, San Bernardino County, Los Angeles, Beverly Hills, San Fernando Valley, Santa Clarita, Westside and beach communities.