Invalid Marriage: Annulment

Filing for an annulment through the Courts means asking the Court to order the marriage null and void, as though the marriage never occurred.  Annulments are granted when a Court finds a marriage is invalid. 

In an annulment proceeding, the person wanting the annulment has to prove the marriage was null and void based on any of the following facts:

  1. FRAUD: Fraudulent marriages are basically marriages based on lies.  Sometimes the Court finds the lies are insufficient to grant an annulment and the marriage was valid.  Other times, the Court finds the lie went to the heart of the marriage.  For example, someone marries another without knowing they cannot conceive children.

If arguing fraud, you have 4 years from the time you discover the fraud to file for an annulment.

  1. DURESS: This is where a spouse is forced into marriage by threats or violence against their will or better judgment.  That spouse did not freely enter into the marriage. 

If arguing duress, you have 4 years after the date of marriage to file for an annulment. 

  1. BIGAMY: When a spouse is already married and never obtained a divorce or annulment.  This situation may happen when one spouse does not complete the divorce action so that there is no entry of a judgment of divorce.  Technically, that party is still married.  In other situations, a spouse may know they are already married but the other spouse does not.
  2. INCOMPETENCE: This can be granted if one of the spouses was not legally competent to agree to be married  for such reasons as:
  • The spouse is subject to a conservatorship;
  • The spouse was so intoxicated they were incompetent to get married;
  • The spouse was under the influence of drugs to such an extent as to render them incompetent to enter into a marriage;
  • The spouse is mentally incompetent to get married; or
  • The spouse is physically disabled to such an extent as to be incompetent to get married. 

If arguing incompetence, you have 4 years after the date of marriage to file for an annulment.  Other states may have much stricter time limits.

The following are generally not grounds for an annulment:

  1. One spouse cheating on the other;
  2. A very short marriage; or
  3. Making a mistake.

If the Court finds the marriage was invalid and grants an annulment, the marriage is treated as if it never existed.

If the Court grants an annulment, that is the end of the marriage.  There is no requirement to provide financial disclosures or do any other paperwork typically required in a divorce or legal separation matter.

Annulment and children: 

However, if the Court grants an annulment and the parties had a child together, the Court does not invalidate orders regarding the child unless a party files a separate paternity action.  A paternity action gives the Court the power to determine the parties are the child’s parents and both parents can get legal rights to the child. 

Ecclesiastical annulment:

Another type of annulment may be granted through a Church tribunal.  This ecclesiastical annulment is a separate procedure, and without it a Catholic cannot get remarried in the Church.  In the Jewish faith, the wife must obtain a ‘Get’ to remarry. The Court has nothing to do with an ecclesiastical annulment.

Valid Marriage – Divorce

In a divorce, the Court proceeds to dissolve a legally valid marriage.  In this instance there are procedures to follow, lots of forms to fill out and financial disclosures to be completed. 

In a divorce, any child born during the marriage is presumed to be the child of both of the parties.  Therefore, there is no need to file a separate paternity action.  Child custody, visitation and support are handled as part of the divorce action. 

 

 

Contact JWB Family Law Today

    Categories

    Connect With Us

                

    Contact

    San Diego Office
    1620 Fifth Avenue, Suite 600
    San Diego, CA 92101

    Phone: 619.234.6123

    Temecula Office
    43537 Ridge Park Dr, Suite 100
    Temecula, CA 92590
    Phone: 951.297.3871

    El Centro Office
    300 S Imperial Ave, #10
    El Centro, CA 92243
    Phone: 760.460.4608

                

    Family Code Section 2030 and Its Role in Alleviating Financial Struggles in Divorce

    Within the intricate landscape of family law, Family Code Section 2030 assumes a pivotal role by addressing the economic imbalances that often surface during divorce proceedings. Its primary objective is to ensure that both parties embroiled in a divorce have...

    Tips for Protecting Your Financial Interests During a Divorce

    Tips for Protecting Your Financial Interests During a Divorce   Divorce is a challenging and emotionally charged process, often accompanied by numerous financial complexities. Protecting your financial interests during a divorce is crucial to ensure your future...

    How to Divide a Community Property Home?

    When individuals go through a divorce, they often contemplate selling their home quickly to divide their community property funds swiftly—an action that can be potentially costly. It's crucial not to sell the house until a written agreement has been established and...

    Child Support for Children with Special Needs

    Many individuals experience an increased likelihood of divorce when their marriage involves raising a child with special needs, be it due to conditions like autism or other medical issues. This heightened risk of divorce can be attributed to the significant stress...

    Federal Laws & Procedures Impacting Military Divorce

    Several federal laws are relevant procedurally when one or both spouses in a dissolution proceeding are members of the military. Although not every Act applies to every case, it is good practice to be aware of the federal laws and procedures that may impact your...

    A Detailed Breakdown of the Divorce Procedure

    Divorce is a challenging and emotionally charged process, often accompanied by numerous financial complexities. Protecting your financial interests during a divorce is crucial to ensure your future financial stability. In this blog, we will discuss several essential...

    The Difference Between Contested & Uncontested Divorce

    Divorce is a significant life event that involves the legal termination of a marital union. It is a decision often accompanied by complex emotions, legal considerations, and a multitude of issues to be resolved. When pursuing a divorce and finding a divorce attorney...

    Common Mistakes to Avoid During Divorce Proceedings

    Divorce is a complex and emotionally challenging process that requires careful consideration and strategic decision-making. From navigating legal intricacies to managing the emotional turmoil, divorcing couples often find themselves overwhelmed and prone to making...

    Property Division in Divorce: What You Need to Know

    Divorce is a challenging and emotionally charged process, requiring careful consideration and resolution of various legal and financial matters. One critical aspect that often arises during divorce proceedings is property division.This encompasses a broad range of...

    How to Choose the Right Divorce Lawyer for Your Case

    Divorce is an emotionally challenging and legally complex process that marks the end of a significant chapter in one's life. When facing the dissolution of a marriage, it’s crucial to have the right legal representation by your side. A skilled and experienced divorce...