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Does your marriage qualify for an annulment in California?

What is an annulment, and would it be better than getting a divorce? These are questions you should ask and know if you are considering divorce. Here are a few fundamental facts and essentials about getting your marriage annulled in California.

You can either have grounds to attain a civil or a religious annulment. Religious annulments can only be administered by a religious body like a church or an associated clergy member.

In a civil annulment, a family court declares null the validity of the marriage, which simply means that the marriage really wasn’t reasonably genuine or grounded.

Acknowledged grounds for an annulment in California

California Family Court supports the following legitimate grounds to request annulment:

  • Incest or blood relatives – Cases where the couple married are related by blood, the marriage isn’t ever considered legal or legitimate, and a family law court in California would grant an annulment without contest.
  • Bigamy – When a spouse is married to another individual before officiating vows on the second marriage, an annulment will be granted. Such cases are classified under bigamy or bigamous relationships which are unlawful.
  • Below the age of consent – In case the age of the partner requesting an annulment was under 18 when entering the marriage, an annulment would be granted by the courts.
  • Coercion – If either party was under duress when agreeing to marry the other, either physically or emotionally, the marriage can be annulled.
  • Mental illness or unsound mind – If either spouse is mentally challenged and is thus unable to understand and uphold the responsibilities and nature of a marriage, an annulment could be agreed on by the court. At times, severe intoxication could also be considered within an unsound mind argument.
  • Fraud – When either party has deceived the other in regard to the intention behind the marriage, being based on anything other than love, it can be annulled. A common instance of a fraudulent marriage would be one entered to gain citizenship.
  • Physical inabilities – An annulment could be granted if either party suffers from a physical condition that prevented the marriage to be consummated or if in case the partner suffers from an incurable condition that inhibits sexual intercourse between the couple.

The party requesting an annulment must provide sufficient proof and evidence to support claims that any one of the above listed reasons to be true at, and or, during the time of marriage.

Getting divorced in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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