When a court approves an annulment in California, the marriage is declared
invalid, as if the marriage had not taken place at all. The state does
not have any minimum or maximum time stipulation for filing for annulment;
however, there are certain grounds for a marriage to meet to be eligible
to be annulled.
The couple seeking an annulment needs to be able to prove at least one
of the grounds for a court to grant them the annulment. If at least one
of the spouses was already married to another person before marrying the
current spouse, the marriage can be declared bigamous and invalid. If
the couple are siblings or otherwise closely related by blood, incest
can also be grounds for an annulment.
If one spouse can prove the marriage was based on fraud or that they were
forced or coerced into the marriage, or if one of the spouses was under
the age of 18 at the time of the marriage the court may grant an annulment.
Fraud is the most commonly used to annul a marriage and essentially means
someone said something untrue or concealed something material. One or
both of the spouses may have been of unsound mind, perhaps under the influence
of drugs or alcohol at the time of the wedding and was unable to give
Finally, if one of the spouses has some incurable physical incapacity,
this can be grounds for an annulment.
Annulments are rare in California and you should discuss the possibility
of obtaining one with a Mission Viejo divorce attorney before going to court.
Call The Hunter Law Group to discuss your options and what your next move should be.