It is estimated that about 40 to 50 percent of marriages in the United States end in divorce. However, divorce is not the only option available to couples who are seeking to end their marriage. There are three alternative ways to legally terminate a marriage; divorce, annulment, and legal separation. Different methods serve as a way for couples to have a tailored-fitted option to what is best suited for their families.
Additionally, the ways of ending a marriage will lead couples to different marriage dissolution outcomes. For example, in some states filing for an annulment could be easier and less complicated than filing for a divorce, and in some cases, legal separation might be the best option for families with children. In many cases, a big component of the decision-making process depends entirely on each couple’s circumstances as well as legal grounds.
Here is more on what you need to know about getting an annulment in California.
What Is an Annulment?
There are two types of annulments: civil and religious. Simply put, a civil annulment is a legal procedure that cancels a marriage. From a legal standpoint, after an annulment, a marriage will be treated as if it never happened. In other words, the marriage will legally be dissolved, erasing any records of the two couples being married together. However, in some cases, individuals may opt for religious annulments which are typically granted by the church. It is important to note that a major difference between the two annulments is that, a religious annulment does not terminate a legal marriage.
Is There a Difference Between Annulments and Divorces?
Although annulments and divorces both legally end a marriage, they are not the same and give different end results. A divorce is a process that legally terminates a valid marriage rather than nullifying an invalid one. Dissolution of a marriage by divorce also deals with issues such as dividing marital property, debt, alimony, and child support.
However, both procedures have a similarity in that they are both fault-based. This means that the spouse seeking an annulment or a divorce must provide proof to the court supporting the grounds for their request. ? California is a no-fault state? No reason is needed
Am I eligible for an annulment?
Terminating a marriage through an annulment is often rare. Because annulments carry certain limitations to be granted, only a few cases qualify. To be qualified for an annulment, the court must deem the carried as being void or voidable. Hence, they are more difficult to obtain than divorces.
Two circumstances for when a marriage is never legally valid;
- Incestuous: If the spouses are related by blood, the marriage will have never been considered to be legal
- Bigamous: If a spouse is legally married before the second marriage, he or she may be eligible for an annulment
Other circumstances you can obtain an annulment in California by declaring invalidity on marriage and partnerships on the grounds of; - Forced Consent: If either spouse was forced into marriage, he or she may be eligible for an annulment
- Fraud: If either spouse engaged in marriage for fraudulent purposes, such as marriage to obtain a green card, he or she may be eligible for an annulment.
- Incurable Physical Incapacity: If either spouse was physically incapacitated in a way that would prevent consummation, he or she may be eligible for an annulment.
- Underage: If either spouse was younger than 18 years old at the time of the marriage, he or she may be eligible for an annulment
- Unsound Mind: If either spouse did not understand the magnitude of their marriage at the time of marriage due to an unsound mind (temporary or permanent medical condition, intoxication). Couples who were heavily intoxicated at the time of marriage often obtain an annulment on the grounds of an unsound mind.
Is there a statute of limitations on annulment in California?
The statute of limitations is the deadline for filing a lawsuit and is commonly prescribed in most cases. There are no deadlines for divorces and legal separation cases, which means couples may choose to file it at any time. However, in California, there is a deadline to petition for an annulment. Additionally, a specific statute of limitations pertains to each of the grounds on which the spouse is petitioning for an annulment:
- Bigamy: Must be requested any time while the spouse is alive.
- Blood Relation: Must be requested at any time while the spouse is alive.
- Forced Consent: Must be requested within 4 years of marriage.
- Fraud: Must be requested within4 years of discovering the fraudulent activity.
- Incurable Physical Incapacity: Must be requested within 4 years of marriage.
- Underage: Must be requested before the spouse turns 22 years old.
- Unsound Mind: Must be requested anytime before death. In California, the family of a sickened spouse may petition on the spouse’s behalf.
What are the steps to getting an annulment in California?
The legal annulment process in California is very similar to the steps of a legal divorce. Married individuals may file an annulment in California as long as they reside in California. Unlike filing for a divorce, there is no length of time required for residency. On the other hand, individuals that are in a domestic partnership are not required to live in California to file an annulment in California. These are the steps to getting an annulment in California:
1. Signing The Petition.
The first step is to fill out and complete Form FL-100. Because it is the same form used with divorce petitioners,(Since the FL-100 form is used by divorce petitioners and those trying to acquire an annulment,) you must make sure to mark the correct basis for your request by checking the “nullify” box for annulment. In this step, you must also prove the reason supporting why you think the marriage should not be valid. It is recommended that you consult and confirm with lawyers about your qualifications for an annulment.
2. Declarations for Annulment
You will be required to write a declaration to support your reasons why the court shall grant an annulment. This process is done by using the Declaration Form MC-030 and Form MC-031, which typically includes the names of the spouses, the date on which the marriage took place, the grounds on which the petition of your annulment is based, and any additional information will strengthen the petition. Moreover, you must also notify the court of any children you have as a result of the marriage you’re trying to nullify.
3. Serve Your Spouse
Under California law, it is required that you must “serve” or notify your spouse or domestic partner once the legal process for an annulment has been started. A copy of the petition and all court papers must be formally served to your spouse, either by you or your attorney. If petitions are not properly served, the judge will not be able to make any judgments in the annulment case. Hence, you should work closely with your attorney to ensure you don’t run into complications that will stall the annulment process. We at Pride Legal suggest you hire an attorney to ensure the petition has been served properly. If you choose to represent yourself, ensure you obtain proof of the petition’s delivery.
4. Complete Additional Paperwork
Depending on the jurisdiction, you may be required to complete additional forms or paperwork. If you have children who were born during the marriage that wish to annul, then it is required that you follow the Declaration Under Uniform Custody Jurisdiction and Enforcement Act.
5. File the Petition
The petition must be filed with the county clerk in which you will pay all related filing fees. Lastly, attend a hearing. While attending the hearing, you should further explain the grounds on which you are petitioning for the annulment. This gives you a chance to expand on the declaration you’ve submitted earlier.
In short, under California law, the spouse petitioning for an annulment carries the burden of proof. This means that the petitioning spouse must provide the evidence necessary to convince the court that your marriage is worthy of annulment. For example, if you are petitioning an annulment on the grounds of “incurable physical incapacity”, you must provide paperwork documenting your specific physical incapacity. In this case, a doctor’s note or official physical assessment reports might be advantageous to support your claim.
What are the effects of getting an annulment?
After the process of an annulment is complete, the marriage will be void. Since there are no changes in legal status and property, individuals will be restored back to the state they were in before their marriage. In regards to property, individuals will retain the property they possessed when entered into the marriage. Courts will further determine who legally owns the assets that were acquired during the marriage.
Additionally, courts may also grant temporary alimony and child support to marriages that are annulled after a longer period of time.
F.A.Q.s:
Q: What are the statutes of limitations to getting an annulment?
A: There are some statutes of limitations to getting an annulment. For example, if the annulment was fraudulent, you will have 4 years from the date once you figured out it was fraudulent. If the person married has another spouse that they are still legally married to, you can get an annulment, assuming the other spouse is still alive. If a person has been forced to marry the person they may get an annulment within 4 years of the marriage. If you are filing an annulment due to impotence, you have 4 years to file.
Q: Can I contest an annulment?
A: Yes, annulment cases may be contested. The respondent party can file an answer to an annulment petition by challenging the materials presented by the petitioner. For instance, if you want to contest an annulment on the grounds of forced consent, you must provide evidence that proves the contrary.
Q: What happens if my petition was denied?
A: If a petition is denied, the marriage will remain legal. Individuals may file form FL-100 for an “amended” petition instead. This will change the request from an annulment to a divorce or legal separation. Consequently, individuals will proceed through the normal processes required to get a divorce or be legally separated.
Contact Pride Legal
If you or a loved one is seeking an annulment, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
