Many people may have heard that it’s possible to have your marriage annulled if you haven’t been married for long and you regret the decision. However, annulments are complex legal matters that can seriously affect your and your spouse’s legal rights. Time limits can apply, but they may be longer or shorter than you realize, so it’s vital that you work with an experienced lawyer if you are considering requesting an annulment in Beverly Hills, California.
Berenji & Associates Divorce Lawyers has over 45 years of combined experience in family law. Our Top-Rated family law attorneys, as selected by Super Lawyers, have a Perfect 10 Rating by Avvo, indicating our commitment to client satisfaction. We have been recognized as National Trial Lawyers Top 100, Top 30 Matrimonial and Family Law Attorneys by America’s Premier Attorneys, and Lawyers of Distinction. One of our award-winning Beverly Hills annulment lawyers can discuss your legal options when you contact us at (310) 271-6290 for a confidential case review.
How Can Berenji & Associates Divorce Lawyers Help Me With My Annulment?
Annulments are complex legal matters that can impact your rights much differently than if you get a divorce in Beverly Hills, CA. Not all family law attorneys are familiar with the process of getting an annulment. When you hire the experienced legal team at Berenji & Associates Divorce Lawyers, we can help by:
- Discussing your objectives with you and identifying whether seeking an annulment or a divorce is best for your particular situation
- Explaining how an annulment can impact your property division, spousal support, and child custody rights
- Filing the necessary paperwork to begin proceedings
- Conducting discovery to gather the evidence necessary to make informed decisions about your case
- Negotiating for an amicable resolution of your case
- Arguing your case in court, if necessary
Contact us today to schedule your confidential case review with a Beverly Hills annulment attorney.
What Is an Annulment?
An annulment is a civil proceeding in which a person asks a judge to declare a marriage or domestic partnership legally invalid. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as if it never happened. Essentially, an annulment erases the marriage from the outset. As a result, there is no division of assets or spousal support in annulment cases unless the law specifically provides for such matters.
Why Would I Want an Annulment Instead of a Divorce?
Some of the reasons people may want an annulment instead of a divorce include:
- Religious reasons: Some religions will not allow a member of their religious organization to remarry if they have been divorced or may frown upon a divorce. An annulment may be treated differently by religious leaders.
- Correcting mistakes: Some people may prefer to get an annulment because they realize the marriage was a mistake or legally invalid.
- Property division considerations: Because an annulment treats the marriage as though it never existed, it has a different legal effect on property rights than getting a divorce in California, where the state’s community property rights reign.
- Changing paternity: An annulment can erase any evidence of the relationship from the record, including assumptions regarding paternity.
It’s crucial that you understand the potential legal implications of an annulment before pursuing this legal route. An experienced annulment and divorce attorney from our law firm can discuss your particular situation during a confidential consultation.
Legal Grounds for Annulments in California
A person seeking to end their marriage through an annulment can argue that the marriage was one of the following:
Void
California Family Code §§2200-2201 allows a person to petition for an annulment when the marriage is void, meaning that it has no legal foundation. Marriages are void when they involve either of the following:
- Incest: Marriages between parents and children, siblings, ancestors and descendants of any degree, or aunts or uncles of nieces or nephews are automatically void.
- Bigamy: If one of the spouses is legally married to someone else at the time of the marriage, the subsequent marriage is generally void as a matter of law.
Even though the marriage is void, it’s still important to file an official petition to end this marriage so it is officially removed from the public record.
Voidable
Another ground to petition for an annulment is that the marriage is voidable. A voidable marriage is one that is valid until the court determines it is not. California Family Code §§ 2210 allows a court to invalidate a marriage on the following legal grounds:
- Minority: You were under the age of 18 when you got married and did not obtain parental or judicial consent.
- Force: You consented to the marriage only because of force.
- Fraud: Your spouse got you to agree to marriage through fraud.
- Unsound mind: Either spouse was of unsound mind and unable to understand the marriage contract and obligations at the time the marriage was entered into.
- Physical incapacity: Either spouse is unable to consummate the marriage, and the incapacity appears to be incurable.
You will have a limited time to request your marriage be annulled on these grounds, so it’s crucial you take prompt legal action.
Invalid
You can also seek an annulment if you and your spouse did not comply with the legal requirements to get married in California, such as failing to obtain a marriage license.
How To Get an Annulment in California
Seeking an annulment begins with filing a nullity action. You must complete specific legal paperwork that sets out your right to an annulment. You file this in the county court where you or your spouse resides, along with a summons that notifies your current spouse of the legal petition. Your spouse must be legally served with the legal paperwork. They then have 30 days to respond. If the case is uncontested, you receive a court date where the judge will hear your testimony and potentially grant your request.
What Do I Have to Prove to Get an Annulment in California?
To get an annulment in California, as the petitioning party, you will need to prove the following:
- Your marriage is void, voidable, or legally invalid, as described above.
- You are filing your petition within the relevant statute of limitations.
- You did not continue to cohabitate with your spouse or live as spouses after the situation that gave rise to a voidable marriage manifested, such as continuing to live together after regaining your sound mind.
You will have the burden of proof in the case, so you may need to gather evidence to establish your right to seek an annulment. As described above, there are only certain reasons why a court would grant your annulment request, so you must be able to prove one of these legal grounds. This is much different than in a divorce case, where you can allege irreconcilable differences. An experienced annulment lawyer can assist with your case and gather the evidence you need to prove your case.
What Is the Statute of Limitations for Requesting an Annulment in California?
The statute of limitations is the amount of time you have to commence legal action. For an annulment, this time limit varies based on the reason for requesting the annulment, as follows:
- Incest: You or your spouse can file the petition at any time.
- Bigamy: If your spouse was married at the time they entered into a marriage with you, you can file your petition any time before the first spouse’s death.
- Underage marriage: If you were underage at the time of the marriage, you must file for the annulment by your 22nd birthday. Otherwise, you waive your right to have the marriage annulled.
- Forced marriage: If you were forced into the marriage, you must file for an annulment within the first four years of the marriage.
- Fraudulent marriage: If your spouse committed fraud to get you to marry them, you must file for an annulment within four years from the date you discovered the fraud.
- Unsound mind: If either spouse was of unsound mind at the time the marriage was entered into, you can file for an annulment before either spouse dies. In some situations, a conservator may request or agree to an annulment on the spouse’s behalf.
- Physical incapacity: If your partner was not able to maintain sexual relations and you are filing an annulment for this reason, you must file your petition within the first four years of the marriage.
Because these strict deadlines can impact your legal rights, it’s in your best interests to contact a Beverly Hills annulment attorney as soon as possible if you are considering seeking an annulment.
Contact Our Beverly Hills Annulment Attorney Today for a Confidential Consultation
If you entered into a marriage and now have regrets in Beverly Hills, CA, an annulment may be a way to get a fresh start and restore you to the position you were in before the marriage. A knowledgeable Beverly Hills annulment lawyer from Berenji & Associates Divorce Lawyers can review your situation and explain your legal options. Contact us today to get started.