What Are the Legal Grounds for Annulment in California?

In some cases, individuals may seek an annulment due to fundamental issues that render the marriage legally invalid. Understanding the legal grounds for annulment in California is essential for those seeking to dissolve a legally invalid marriage.

What Is an Annulment?

When you get a divorce, you acknowledge that you were legally married, but when you get an annulment, you’re alleging that the marriage never had a legal ground to exist. If you’re hoping to legally erase your marriage from official record, an annulment may be the tool for you.

Legal Grounds for Annulment in California

Declaring a marriage legally invalid is a significant step, but California law permits annulments under specific circumstances. While not everyone qualifies, the following conditions may allow you to pursue this option.

1. Fraud or Misrepresentation

If your spouse deceived you with false information, then you could have grounds for an annulment. When it comes to an annulment, fraud refers to matters that could significantly impact the relationship, like lying about wanting children or hiding a serious medical condition.

2. Lack of Consent

If you were coerced or pressured into marriage, or if you didn’t fully understand the commitment you were making, you could have grounds for annulment. This includes cases where one person is under the influence of drugs or alcohol to the point where they couldn’t understand what they were doing. If an individual can prove they didn’t “agree” to the marriage in a genuine, informed way, it may be grounds for annulment.

3. Incestuous Marriage

It’s possible for an incestuous marriage to occur by accident. In California, like most states, marriages between close-blood relatives are illegal, and this includes marriages between siblings, parents and children, and other close family members.
In cases where families are estranged, a child was given up for adoption, or a parent had multiple unknown or unacknowledged children, it’s quite possible that you could accidentally marry a blood relative. If this happens, the marriage is automatically void, and you can get an annulment.

4. Bigamy

Bigamy happens when someone who is already married marries another person. Sometimes, it’s purposeful, but other times, it can happen when your spouse can’t locate their ex and officially file for divorce. Bigamy is illegal, and it automatically invalidates the second marriage.

5. Underage Marriage

If one or both parties are underage and got married without proper parental consent or court approval, the marriage can be annulled. California law says that individuals can only marry without parental consent if they are over the legal age of 18 years old. If one spouse is underage, and the marriage did not meet the legal requirements for the marriage of a minor, this is grounds for annulment.

6. Mental Incapacity

When it comes to annulment, mental incapacity applies if one spouse is incapable of understanding the nature of marriage or the responsibilities it entails. This could include conditions like severe mental illness or intellectual disabilities that prevent one spouse from consenting to the marriage. If someone wasn’t able to understand the concept of marriage when they took their vows, then the marriage can’t be valid.

7. Impotence

If your spouse is impotent, this could be grounds for annulment in certain circumstances. If the impotence is discovered after the marriage takes place, and it wasn’t disclosed beforehand, then this might be grounds for annulment. However, if you both knew that one of you was impotent and got married anyway, then you’ll have to go down the divorce route if it becomes a problem for you.

If any one of these scenarios applies to you, then your next step is to work with a family law attorney so you can file a petition for annulment with the California Superior Court in the county where you or your spouse live.

FAQs

Q: What Happens if I Don’t Meet the Legal Grounds for Annulment?

A: If you don’t meet the legal grounds for annulment, then you’ll likely have to go ahead with a divorce instead. A divorce doesn’t require you to prove that the marriage was invalid, but it does involve the legal process of dividing up your assets and making decisions about matters like spousal support and child custody.

Q: Can I File for Annulment if My Spouse Lied About Their Criminal History?

A: Yes, you can. If your spouse lied about or hid their criminal history, this could fall under the fraud umbrella. That said, the court will look at how serious the deception was and whether you would have married them if they had told you. For example, an old misdemeanor for shoplifting is unlikely to be grounds for annulment, but a felony conviction or a violent crime could be considered misrepresentation.

Q: Is There a Time Limit for Filing for an Annulment in California?

A: Yes, but there are different time limits depending on which grounds you have for annulment. For some, you have 4 years after marrying. For others, you have 4 years to annul after discovering a fraud or deception. In rare cases, there’s no time limit. For example, there’s no time limit to annul because of bigamy.

Q: Can I Get an Annulment if My Spouse Only Married Me for a Green Card?

A: In California, fraud is certainly a valid reason for annulment, so if your spouse never intended to have a real marital relationship with you and only used the marriage for immigration benefits, you could have grounds for an annulment. To better advise you, it’s important you reach out to Bickford Blado & Botros so that we can fully review your case.

Contact Bickford Blado & Botros for Knowledgeable Legal Guidance

If you think you might have grounds for an annulment in California, there’s no need to face this complicated process alone. At Bickford Blado & Botros, our experienced family law attorneys are here to help you understand your options and guide you every step of the way.
Contact us today to schedule a consultation, and let’s take a look at your options.

Feel Free to Contact Our Office with Any Questions

858-793-8884