Grounds for Annulment instead of Divorce in California

When seeking to end a marriage, your situation may be so bad that you would like to never have to remember the marriage once it is over. Unfortunately, divorces stay on record in legal matters and you may be followed by it for the rest of your life. When you have had an extremely bad experience and you want to have the marriage treated as if it never happened. In such cases, it may be warranted for you to seek an annulment as opposed to a divorce because it indicates that the marriage never happened.

Legally, annulments are reserved for marriages that involve extreme conditions. While religious institutions, namely the Roman Catholic Church, have their own process and requirements for obtaining an annulment, there are specific requirements for obtaining an annulment from the state of California. The action by the government is referred to as a civil annulment, as opposed to a religious annulment, and in order for one to obtain a civil annulment, one or more of the following must be relevant:

  • Misrepresentation / Fraud: If someone entered into the marriage under false pretenses or deceptive promises, they may be eligible for an annulment.

  • Concealment: Much like fraud, annulments may be granted to spouses who entered the marriage without being informed by their partner of a serious condition or addiction.

  • Refusal / Inability to Consummate: The inability or adamant refusal to engage in marital sexual intercourse may be cause for an annulment. If no sexual intercourse took place from the time that the marriage was established, the marriage may not even be recognized as valid.

  • Misunderstanding: Although not quite as hostile as misrepresentation, two people that enter into a marriage with misconceptions about each other on important matters may be able to obtain an annulment.

Why You Need a Divorce Attorney in Mission Viejo, California

The process toward requesting and obtaining annulment is very lengthy and complicated. Claims of any of the above will require extensive proof of those claims. Are you looking for a family lawyer for your annulment in Mission Viejo? Contact a Mission Viejo divorce lawyer from The Hunter Law Group to discuss your situation and learn more about how we may be able to help you obtain an annulment so that you can put this difficult situation behind you. Schedule a case evaluation today!