If you live in California and are looking to have your marriage annulled,
you may be wondering how the process works. An annulment is a legal way
to invalidate a marriage, and in California, an annulment can only be
granted if you meet specific criteria.
The requirements to be eligible for an annulment generally involve lack
of consent due to coercive behavior or fraud. For example, situations
in which prior marriages were not dissolved or if one partner was underage
and, therefore, unable to grant legal consent. Other examples of instances
where an annulment might be available include situations in which force,
physical incapacity, insanity, or mental illness caused the marriage.
Keep reading to learn more about how annulments work in California and
whether you are eligible for one.
What Are the Criteria to Eligible for an Annulment in California?
To be eligible to file for an annulment in California, a married couple
must meet one of the provided criteria:
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The marriage was never consummated – If a marriage is never consummated, it can leave both parties
in a difficult situation, with one half of the couple feeling unfulfilled
and the other feeling a sense of pressure. Complex emotions and misunderstandings
are often at play in situations like this, which can lead to the couple
not being able to move forward together, even if they pursue couples therapy.
If you can prove your marriage was never consummated, your marriage may
be eligible for annulment.
-
One party was underage at the time of marriage – Unfortunately, marriages where one or both spouses are underage
at the time of their nuptials still occur. In most cases, these types
of marriages are illegal and eligible to be annulled.
-
One party was forced into the marriage against their will – Marriage is a sacred agreement and should be decided freely by
both parties involved. Unfortunately, such is not the case when one party
is being forced into it against their will. It is illegal to force someone
into marriage. If it can be proven, this type of marriage is eligible
for annulment.
-
The marriage is incestuous or bigamous – Marriage is a legal union between two individuals that is accepted
by society. Unfortunately, some marriages may be considered incestuous
or bigamous due to the people involved in the union. An incestuous marriage
can involve two individuals who are too closely related to each other
and should not be legally wedded based on family ties, while a bigamous
relationship occurs when an individual is already married to one person
but takes on another partner without ending their marriage with their
initial spouse. Incestuous and bigamous marriages are not recognized by
law and are generally eligible for annulment.
My Marriage Is Eligible for Annulment. What’s Next?
If your marriage meets the criteria for an annulment, the only thing standing
between you and having your marriage invalidated is the court. Granting
an annulment is a serious step for the court to take, requiring careful
and thorough consideration of all related evidence.
The court will spend time examining each piece of evidence before arriving
at its decision. All testimony from both parties will be weighed to ensure
fairness and accuracy. Additionally, any documents submitted as part of
the proceedings must be considered carefully before the court makes its
determination.
After the court has thoroughly examined all the evidence and heard all
the testimony, it will decide whether to grant your annulment.
The Court Granted My Annulment. Now What?
Once an annulment is granted, its effects are far-reaching. Legally speaking,
the marriage is treated as if it never existed – contracts and legal
obligations involving the two parties involved in the annulled marriage
are disregarded and any descendants resulting from the union are legally
considered illegitimate.
Annulments can also have a strong emotional impact on those involved, allowing
them to obtain closure and potentially begin a new chapter of their lives.
Call Arnold Law Group, APC
at (559) 900-1263 or reach out to us online
today to schedule a confidential consultation with our experienced family law attorneys in Fresno.