Annulment Requirements in California
Couples who wish to dissolve their marriage in the State of California may file for a divorce or annulment. Unlike divorce, which simply ends a legal marriage, an annulment states that the marriage was never legally valid. A couple pursuing annulment must go to a hearing before a family court judge who may declare the marriage invalid and grant an annulment based on specific criteria.
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Fraud
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A judge may grant an annulment on the basis of fraud if one of the spouses misrepresented or concealed information that was vital to the relationship. This type of vital information may include sterility, existing pregnancy, an existing sexual relationship with another person, criminal record, existing children with another person, or the intent to marry solely to obtain a U.S. green card.
Force
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If either of the spouses can prove that they were coerced into the marriage against his or her will, the judge may grant an annulment on the basis of force.
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Physical or Mental Incapacity
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A marriage can be ruled void and eligible for annulment if either of the spouses was of "unsound mind" and unable to understand the marriage contract or if either spouse was physically incapable of consenting to or consummating the marriage.
Age
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If either of the spouses was under 18 years old when he or she married and did not obtain permission to marry from his or her parents or from the court, the marriage is invalid and eligible for annulment.
Bigamy
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A marriage can be annulled if one of the spouses was legally married or part of a domestic partnership at the time her or she entered into the current marriage.
Incest
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A marriage is incestuous and invalid if the spouses are related by blood as whole or half siblings, parents and children, aunt or uncle, niece or nephew, or first cousins. This applies to both legitimate and illegitimate family relationships.
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References
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Comments
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thomasmichaels
May 05, 2010
To add, annulments must be filed like divorce actions, in that grounds must be claimed, established and proven before a court will grant the annulment. In short, one must claim fraud of one sort or another (see grounds). It is a misnomer that an annulment has to be filed soon after the marriage, but rather, courts want to see that the annulment was filed right after the discovery of the other partner's fraudulent exposure. To learn more, go to Divorce Recovery Suite and view your state's criteria.
