Getting Your Marriage Annulled
Rather than seeking a divorce, many couples will choose to have the marriage annulled. An annulment is a legal way of saying that the marriage never existed. Depending on the circumstances of your marriage, you might qualify for an annulment. Contact a knowledgeable Roseville annulment attorney at your earliest convenience.
Jennifer Sullivan of the Law and Mediation Office of Jennifer M. Sullivan has extensive experience guiding clients through even the most complex family law matters. Because an annulment essentially erases a marriage, these actions tend to require more attention to detail and legal knowledge. Clients trust Jennifer Sullivan for her thorough preparation and her ability to answer complex questions in a clear, concise manner. If you have concerns regarding annulment, schedule a confidential consultation at the firm today.
Placer County Marriage Annulment Attorney
Whether your question centers on a void marriage – a marriage that can never be recognized as legal in California – or a voidable marriage – a legal marriage that can be deemed null by the courts – it is crucial to work with a knowledgeable lawyer. There are numerous valid reasons for annulment, including:
- Bigamy or prior existing marriage
- Marriage to a relative (incest)
- Underage spouse
- Coercion
- Fraud
- Mental or physical incapacity
In California, the length of time of the marriage has no bearing on the nullity action. Whether your marriage lasted five days or five years, it might be possible to have your marriage annulled.
Frequently Asked Questions About Annulment In California
An annulment can affect your legal status, finances and rights as a parent. It also follows rules that differ from divorce. Below are answers to common questions about annulment in California to help you better understand the basics.
Is annulment the same as divorce in California?
No. Divorce dissolves a marriage that California law recognizes as valid. An annulment asks the court to determine that a legal defect existed when the marriage began. The judge will not grant an annulment merely because both spouses agree or because the marriage was brief.
You must establish a recognized ground, such as bigamy, incest, fraud, force, incapacity or an age-related issue. Each ground has different proof requirements, and some claims also have strict filing deadlines. When the facts do not support nullity, divorce may remain the appropriate way to end the marriage.
What kind of evidence may be needed for an annulment?
The proof you need depends on the legal ground you claim. Marriage records and court files may help show bigamy or another problem with the marriage, while emails, text messages, bank records, photos, medical records and witness statements may explain what occurred before or during the marriage.
For a fraud claim, you generally need facts showing that your spouse hid or misstated something central to the marriage and that the act affected your choice to marry. Claims based on force or an unsound mind require different proof. Save useful records, list possible witnesses and create a clear timeline. You may need to testify before a judge even if your spouse does not oppose the annulment.
Can property, support or custody issues still come up in an annulment?
Yes, but the rules are not the same as in a divorce. A judge cannot always divide property or award spousal support after an annulment because the court generally must find that at least one person had a good-faith belief that the marriage was valid. That person may be treated as a putative spouse, which can allow the court to address certain property, debts and support.
An annulment does not end your duties as a parent, and the court can still make orders about parentage, child custody, parenting time and child support. These issues may be vital when you share children, debts or assets, so a lawyer can help you identify the rights and options that may apply to your case.
Contact The Firm
To schedule a confidential consultation with an experienced and compassionate lawyer, contact or call the Law and Mediation Office of Jennifer M. Sullivan. Jennifer Sullivan is available to meet with clients Monday through Friday. Visa and MasterCard are accepted as payment.