What are the Requirements to Have an Annulment?
It seemed like the right decision at the time. The wedding happened quickly, and before you knew it, you and your spouse tied the knot. Now you may be wondering if you made a mistake and if seeking an annulment is an option.
You’ve heard of celebrities getting their impromptu, short-term marriages annulled. It seems like a quick way to erase a marriage and make it seem like it never happened. However, annulments aren’t about regret, and in California, they have strict legal requirements.
What Does it Mean When a Marriage is Annulled?
Getting a marriage annulled is not just another way of ending a marriage. Instead, the court is declaring that the marriage was never legally valid to begin with. Legally, it’s as if the marriage never existed.
That doesn’t mean the relationship didn’t happen or that there are no legal consequences. An annulment simply means that the marriage didn’t meet the legal requirements for a valid union.
What is the Difference Between Annulment and Divorce?
The main difference between annulment and divorce is how the law views the marriage itself. A divorce legally ends a marriage. There’s an acknowledgement that a valid union existed and was formally dissolved. An annulment states that there was no marriage.
Additionally, California divorces are “no-fault”, which means you don’t need to prove wrongdoing; irreconcilable differences are enough to begin the divorce process. Annulments have very specific legal requirements.
What are Legal Grounds for Annulment?
An annulment in California is available only in limited circumstances. Furthermore, there are two types:
- Void marriages, which are illegal from the start
- Voidable marriages, which require court action
California law prohibits incest (marriage between close blood relatives) and bigamy (one spouse was already married to someone else). Therefore, these “void marriages” are automatically invalid.
For voidable marriages, the person seeking the annulment must prove one of the following grounds:
- Fraud directly related to the purpose of the marriage, such as concealing an inability to consummate the marriage, or marrying solely for immigration benefits (green card).
- One spouse was forced into the marriage.
- One spouse was physically unable to consummate the marriage, and likely never will.
- A spouse was mentally unable to understand what was happening at the time of the marriage.
- One spouse was under 18 and lacked their parent’s, legal guardian’s, or the court’s consent.
Are There Statutes of Limitations on Annulment?
There are no time restrictions for filing for annulment in void marriages. Additionally, if either spouse was of unsound mind at the time of the marriage, an annulment can take place at any time before either spouse dies.
However, voidable marriages do have strict deadlines. In situations of forced marriages or physical incapacity, the claim must be filed within four years of the marriage. Fraud cases must generally be filed within four years of discovering the deceit. If one spouse was a minor when they married, the annulment must be filed before they turn 22.
Failing to meet the deadline could mean you no longer qualify for an annulment and instead must file for divorce.
Let LPEP Law Help
Are you considering an annulment? The first step is understanding your options. Choosing the wrong path could affect your rights and your future. Our experienced attorneys at Lonich Patton Ehrlich Policastri can review your situation, explain whether you qualify for an annulment, and help you move forward.
Call us at (408) 553-0801 to schedule your free consultation. We’re here to answer your questions, protect your interests, and guide you through the process.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Gretchen Boger
Gretchen Z. Boger began her law career as a Deputy District Attorney in San Joaquin County from 2007 – 2010. During her tenure with the D.A.’s office, she prosecuted 17 jury trials. Ms. Boger has been practicing family law exclusively since January 2010. Ms. Boger joined Lonich Patton Ehrlich Policastri in 2013. She received her Juris Doctorate from the University of the Pacific, McGeorge School of Law. During her time at McGeorge, she received a concentration in trial advocacy.
