Annulling your marriage is a critical decision to make. This is because annulment is much more complicated and has different effects from divorce. Instead of ending a marital union like it is for divorce, an annulment wipes away the union from history. It declares a marriage invalid and, essentially, makes it as though the union never existed. You will not have the presumption of paternity over the children conceived during the union, nor will you have the legal right to demand child support or alimony from your spouse.
For some couples, annulling a marriage is the right thing to do if they wish to end a marital union they did not want to be part of, while for some, it is detrimental. If you want to go the annulment way, first understand the consequences your decision will bring and ensure you know the legal requirements.
Annulments Treat Void and Voidable Marriages Differently
A marriage annulment usually results from voidable or void marriages. A void marital union refers to one that was never proper or legal in the first place. It does not count whether a single or both parties requested an annulment. A voidable marital union is one considered valid until it is finally annulled.
Although a void marital union was not legal, to start with, simply assuming the law will protect you moving forward may not be a good idea. This is especially critical since there are cases where a party that has been in a void union could claim given rights to property or even demand support. You should be more careful, especially when children are involved, since child custody, visitation, support, and other related issues will complicate the matter even more.
Should you move to annul your void marriage? What will you lose or gain by the move? You want to consult a skilled family lawyer to know how you can proceed, irrespective of whether you are in a voidable or void marriage.
Grounds for Seeking an Annulment
There are several possible reasons or grounds for annulling a marriage in California. They include:
- Bigamy (one partner was married before going into the second union)
- The married parties are blood-related (incest)
- Either partner was involved in fraud to acquire the other partner's consent to marry them. The fraud must go to the heart or essence of the marital union. An example is when one party convinces the other to marry them due to a secret desire to remain in the U.S.
- The spouse seeking annulment was below eighteen years when they entered into the marriage.
- Either of the partners has a physical incapacity that cannot be cured. This generally refers to impotence that hinders the spouses from having intimate relations
- One spouse coerced the other into getting married
- One/both parties are not of sound mind (that is, they have a mental illness that hinders them from appreciating and understanding the duties and nature of marriage, like severe intoxication)
Annulment on the Grounds of Force
Where consent to enter the marital union was acquired through force, the union is considered voidable. An exception is if the party alleging to be coerced into the marriage freely choose to cohabit with their spouse.
The definition of 'force' is based on the case facts. It could be threats of bodily harm, extreme physical force, or merely nonviolent threats that forced the consent. Forced marital unions are not so common in the country but are more prevalent in other countries.
Annulment on the Grounds of Incest
Incest renders marriage void. Under Family Code section 2200, marriages between children and parents, descendants and ancestors of all degrees, sisters, and brothers of the whole and half blood, nieces and uncles, or nephews and aunts are incestuous, therefore, void from the start regardless of the whether the relationship is illegitimate or legitimate.
Annulment on the Grounds of Age
If by the time the marriage ceremony was held, the spouse filing for annulment was below eighteen years and the requisite court and parental consent was not acquired as mandated under Family Code 303 and 302, the union is voidable.
An exception is when the party seeking annulment voluntarily lived with their spouse after turning eighteen.
The petition to annul a union due to age is filed by the spouse who was considered underage when the marriage ceremony was taking place, and they must do so within four years after turning eighteen. The conservator, guardian, parent, or any other party responsible for the underage party can also file the petition at any time before the child turns eighteen years (Family Code Section 2211(1) and (2).
There are cases where the child misrepresents their actual age to enter into a marriage. In these cases, the law is forgiving and allows the child to file for the annulment despite the misrepresentation. This is probably due to the person being a child, and children are often given the benefit of the doubt under California law.
Annulment Due to Physical Incapacity
At times, unusual events make a person incapable of overtly consenting to the marriage ceremony. These situations do not necessarily arise from wicked or criminal acts, but they can. It could be a couple arranged to enter a marriage, but one of them became incapacitated. The other partner goes ahead with lawfully marrying them, maybe as a way of helping them to recover.
Physical incapacity renders a marital union voidable. Per Family Code section 2210(f), a marital union is deemed voidable and can be annulled if either spouse was physically unable to enter into the marriage state by the time the marriage ceremony was taking place and the incapacity continues and seems incurable.
Therefore, referring to our above illustration, once the incapacitated party recovers, they have the legal right to seek annulment of the marriage on the grounds that they were not legally capable of agreeing to the binding nature of the marriage contract.
You can file the petition to annul a marriage on the grounds of physical incapacity within four years into the marriage, per Family Code Section 2211(f).
Annulment on the Grounds of Unsound Mind
Some mental disorders do not present erratic behaviors. However, sometimes, an ill individual may awaken from an episode and find themselves leading a strange life. For example, dissociative identity disorder sometimes manifests in this manner.
Family Code section 2210(c) provides that a marital union is considered voidable and could be annulled if either spouse was of unsound mind by the time the marriage ceremony took place. However, if the party with the mental disorder, after coming to their senses, freely chooses to cohabit with the other as wife or husband, the union remains valid and is not eligible for annulment.
By unsound mind, it means either spouse was incapable of comprehending the marital contract's nature and the responsibilities and duties it brought when the marriage ceremony was taking place.
That means you can be deemed of unsound mind after or before the marriage ceremony. However, the marital union may be considered valid if it can be proven you were of sound mind during the ceremony.
This is a challenging situation to assess and could even necessitate expert testimony. For this reason, annulments on the grounds of an unsound mind can be complex, and a lawyer must analyze the evidence and facts carefully.
A marriage annulment petition due to an unsound mind is brought by the injured spouse, conservator, or relative of the injured spouse. And it is filed at any time before the demise of either spouse per Family Code Section 2211(c).
Annulment on the Grounds of Fraud
Fraud is potentially the most prevalent reason for marriage annulments in California. Fraud makes a marital union voidable. Here, fraud means either party’s consent to enter the marital union was acquired through fraud, which is generally either substantive concealment or false representation. Substantive concealment means that the fraudulent ground for entering into the marriage better be a critical one and one that goes to the essence and heart of the marital relationship.
Many cases have been filed in California appellate courts touching on these matters. If you retain an experienced attorney, they can compare your case facts with the rendered appellate rulings to determine whether or not they are beneficial in assessing your marriage annulment case. However, if, after marriage, you become fully aware of the fraud and freely choose to cohabit with your partner as wife/husband, the marital union is considered valid, per Family Code section 2210(d).
If you have sought to annul your marriage due to fraud, you must file your petition within four years after discovering the facts amounting to the fraud, per California Family Code section 2211(d).
Annulment on the Grounds of Bigamy
A marital union where the wife or husband was already married to someone else is a bigamous union. Bigamous marital unions are generally deemed void. However, we have exceptions that, although odd, are creative and qualify the bigamous union as voidable. These are:
- By the time the wedding was happening, the previous spouse was typically believed or reputed to be demised, or
- For five successive years before the so-called bigamous union, the prior spouse was absent and unknown to be alive.
It is not difficult to determine why there are these exceptions. They make a void marriage voidable since there is a slight fault than if a person had known they are entering a second marriage while the first is still valid. The minimal fault permits the judge to consider the marriage voidable and not void. Thus, these exceptions allow the marital union to continue until either spouse wishes to have it annulled.
Annulment on the grounds of bigamy is codified under Family Code section 2211(b). This law allows either spouse to seek the annulment. The previous partner who was absent or thought to be demised also has the right to file for a marriage annulment.
If you have sought to annul your marriage, the burden of proving your reasons existed in your marriage lies with you. You must submit the proof required to persuade the judge that your marital union should be annulled.
For instance, if you have petitioned for an annulment due to being underage, you will have to provide evidence, like your birth certificate, substantiating you were below eighteen years. If you have filed for annulment based on an unsound mind because you were intoxicated, you will have to provide evidence showing you were unable to comprehend the extent of the decision to enter into the marriage. Statements from witnesses who can corroborate your intoxication would be beneficial here. If the burden is not satisfied, the court will not grant your request to annul the union.
Go About the Annulment Process the Right Way for Your Petition to be Granted
You should file your annulment petition with the court before the statute of limitations runs out. Note that you file the petition with the court within your county of residence. As seen above, the time frame for filing the annulment petition varies based on the grounds for filing. You have only four years to file a petition if you seek to annul your marriage due to physical incapacity, force, or age. If your marital union is invalid because of fraud, you must bring the petition to annul it within four years from when you discovered the fraudulent activity. You can seek to annul a marriage based on an unsound mind or bigamy at any time.
Like it is with divorce proceedings, you have to file proper documents for the court to approve the annulment request. The petition to annul comprises background info regarding your marital union, any terms you wish the court's judgment to include, and the reason for annulment. If you need the court to grant a divorce if they do not grant your annulment request, check both the 'dissolution' and 'nullity' boxes on the petition form, then write 'alternative' close to the box written 'dissolution.'
You must complete the order to inform your spouse about the annulment petition within thirty days of filing. Your spouse has thirty days from when they receive the order to file their response. You have to achieve an uncontested proceeding, whether it is due to a default judgment or spousal agreement. Afterward, you and your partner have to attend a hearing concerning your petition. If the petition is valid and corroborated by the correct documentation, the court will agree to the annulment request, and you will acquire an official order.
The union remains lawful if the court denies your request to annul your marriage. You could seek to amend the FL-100 petition form to correct the mistake that led to the denial. Or, you could move to amend the F-100 to petition the court for a divorce.
The Effect of Annulment May Make You Want to Reconsider
Some spouses worry that the paternity of their children could be disputed if they annul their marriage. Technically, this is the case. Since an annulled union does not have validity, it is as if any child conceived of it was born to a single parent. If that happens, you will need to request the court to determine the paternity of your child/children. After paternity is established, child support, permanent custody, and visitation will also be decided.
But as far as paternity is concerned, California has various presumptions of paternity that cover minors from any annulled marital union and assist in establishing that though the marriage union was invalid, the ex-husband is the children's father. Therefore, the California statute does not place an invincible obstacle as far as paternity is concerned.
In many cases, since an annulled marital union is legally considered as never being valid, courts do not have the power to divide debts or property or award alimony. The reasoning to explain this is a marital estate cannot exist if there is no valid marriage. Therefore, couples seeking an annulment in California must separate their property, including debts and assets. The state's community property statutes protecting married people will not protect you anymore when you annul your marriage.
Similarly, neither spouse can receive alimony or survivorship benefits such as retirement interests and inheritances from the other.
Since familial and financial stakes are high as annulment goes, you must first take the time and discuss your decision to annul with a skilled family law lawyer. You may eventually decide that a different option, such as divorce, is better for you and your family.
Find a Skilled Family Law Lawyer Near Me
The rules concerning annulment are complex. Therefore, you should not try going through the process alone. Advice from a knowledgeable family law attorney is critical after they have analyzed the specific facts of your annulment petition. At San Diego Divorce Attorney, we have years of experience representing clients in family law matters, including annulment. If you believe you have a reason to annul your marriage, contact us to know your options. It is possible that even if you are not eligible for an annulment, we can assist you in securing a divorce that achieves similar objectives and satisfies your need for a break from your spouse. Call us at 858-529-5150 for a consultation and case evaluation.
