Annulment Attorney in Diamond Bar Serving Throughout California
Dissolving Marriage through Annulment in California
The decision to end a marriage is always a serious one. Some spouses are seeking to end a marriage that they argue should never have occurred at all. Under such circumstances, the spouse may wish to obtain an annulment rather than a divorce. An annulment is the nullification of a marriage. Unlike a divorce, an annulment makes it so that the marriage never happened in the eyes of the law.
At the Southern California offices of Blasser Law, we understand the complex pressures you may be facing when ending your marriage. Our Diamond Bar family law attorneys are prepared to help you decide if annulment is the right choice for you and your spouse. We’ll be by your side throughout the California annulment process, handling all legal documents on your behalf, allowing you to focus on starting your new life. Contact us today for a consultation on your possible annulment.
When is a marriage void, and when is it voidable?
Annulment is permitted in California only where a marriage is deemed either void or voidable.
- A void marriage is one that was never valid in the eyes of the law.
- A voidable marriage is one that a spouse can have declared invalid through an annulment, but otherwise is a legally-recognized marriage that the spouses can continue if they choose.
Recognized grounds for annulment in California
The two bases for a marriage to be deemed void in California are incest (closer blood relation of the married couple than is permitted under the law) and bigamy (one spouse is already married to someone else when entering a marriage).
There are more numerous grounds on which a marriage can be deemed voidable:
- One of the spouses was not yet 18 when the couple was married
- There is a prior existing marriage or domestic partnership where the former spouse or domestic partner was absent for five or more years and was presumed dead
- One of the spouses has an incurable physical incapacity (typically referring to a male spouse’s impotence)
- One or both spouses was of “unsound mind” when the marriage began, meaning that they were incapable of understanding the nature of and obligations entailed in the marriage
- The marriage was the result of force
- The marriage was the result of fraud about something vital to the relationship, directly affecting why the defrauded spouse agreed to the marriage. An example of this sort of fraud would be one spouse claiming that they intended to have children, when in reality they were incapable of conceiving.
Proving that an annulment is warranted may not be easy
California courts are more reluctant to grant annulments than they are to grant divorces. As you can see, there is not a no-fault basis for annulment in California. Spouses seeking annulments must always prove the facts forming the basis for annulment, such as the incident or series of incidents which led one spouse to feel forced into the marriage. There are also important deadlines for filing annulments which are based on the grounds for the annulment. For these reasons, it is very important to hire trustworthy and thorough legal assistance to help you through the annulment process. Our annulment attorneys at Blasser Law will conduct a thorough investigation and compose a well-reasoned argument to present to the court when advocating for your annulment. Let our San Gabriel Valley attorneys provide the support you need when seeking a Southern California annulment.
What’s the difference between legal separation and divorce?
For a consultation on your potential annulment, divorce, or custody dispute, contact the dedicated and knowledgeable Diamond Bar annulment attorneys at Blasser Law for a consultation, at 909-843-6363.