How to Get a Marriage Annulment in Los Angeles, CA
Seeking an annulment in California is a serious choice, and it is different from a traditional divorce in key ways. Unlike a divorce, an annulment essentially erases your marriage from the record. This can have consequences for any property rights, paternity rights, and other rights related to marriage.
Before getting an annulment, it is important to know what it means and how to get one in Los Angeles, CA.
What is the Difference Between an Annulment and a Divorce?
Divorce is the dissolution, or termination, of a marriage. Traditionally, if a divorce happens, it could be several months or many years after the date of marriage. Once a divorce is finalized, the parties’ bonds of marriage are dissolved, and they are free to move on in their own direction. A divorce does not change the fact that the parties were married and may have accumulated assets and liabilities together. Children may have been born during the marriage, and custody issues could be addressed in the divorce judgment.
An annulment, on the other hand, is an order declaring that the marriage was never a marriage to begin with. Essentially, an annulment means the marriage was not legally valid, and for legal purposes, the marriage never existed. Annulment is an extreme solution that is not taken lightly by California courts. However, annulment is the best option available for parties in certain situations.
When Can I Qualify for an Annulment in California?
Because annulment is a harsh outcome to a marriage, California courts only allow annulments under unique circumstances. The factors that can qualify a marriage for annulment in Los Angeles County are limited. Some reasons an annulment might be allowed include:
- One of the parties was under the age of 18 at the time of the marriage
- One party was still legally married to someone else at the time of the marriage
- One of the parties was forced to get married under duress
- One party committed fraud to induce the other party into going through with the marriage
- A party was not of sound mind to enter the marriage due to mental incapacity or severe intoxication by drugs or alcohol
- One party was discovered to be unable to engage in sexual intercourse
- The parties were related by blood.
Some of these factors might not be discovered until after the marriage takes place, which makes annulment a fair solution to the issue. In some situations, such as fraud or duress, a party to the marriage might not be able to discuss their options with a lawyer until after the marriage happens.
How Do I Start the Annulment Process in California?
To start the annulment process in California, you will need to prepare and fill out a Petition and Summons for the annulment of the marriage. The petition can be filed in the county where you or your spouse live. Some courts might have their own local rules and forms that are used during the process.
Once you serve your spouse with the Petition and Summons, they will have 30 days to file a response. Whether your spouse files a response or not, you will need to schedule a court date to have your case heard by a judge. During your hearing, you will present testimony and any evidence you have to prove why the annulment should be granted. If there are any issues related to property division, those could be addressed during the hearing as well.
The annulment process can be tricky for those unfamiliar with the legal system and can become more complicated if your spouse contests the annulment. To make sure your legal rights are fully protected at each stage in the process, it is best to have experienced legal help on your side.
Contact a Los Angeles Family Law Attorney for a Case Evaluation to Discuss Annulment
Whether you need to annul your marriage or have questions about the process, an experienced Los Angeles annulment lawyer can provide guidance. Navigating family law matters can be stressful, but legal professionals can help you understand your options and work toward a favorable outcome.
If you’re considering an annulment or need assistance with divorce proceedings, seeking legal advice can protect your rights.
For more information, contact our experienced Los Angeles divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586