ANNULMENT LAWYERS IN SAN DIEGO

ANNULMENTS IN CALIFORNIA

A annulment of marriage is a legal matter in which a court declares that a legal marriage never existed. In other words, what was thought to be a legitimate marriage was not valid under the law and never actually existed.

GROUNDS FOR ANNULMENT IN CALIFORNIA

Annulment is not a typical way to end a marriage, and a legal annulment can only be ordered in specific situations outlined in California law:

  • In cases of bigamy, where one spouse was married to another person at the time the second marriage took place
  • The marriage is incestuous, i.e. the spouses are close blood relatives
  • The spouse seeking the annulment was under the age of 18 when the marriage took place
  • One spouse fraudulently enticed the other to marry
  • Sexual relations are not possible because of an “incurable physical incapacity,” i.e. male impotence
  • Where either spouse (or both) is mentally impaired in a way that prevents him or her from functioning as a marriage partner or from understanding the nature or meaning of marriage. This might be a developmental disability, mental illness, or being under the influence of a mind-altering substance at the time of the marriage
  • The marriage was coerced or forced

SEEK LEGAL GUIDANCE WHEN PURSUING AN ANNULMENT

Annulments are infrequent in California and not easy to obtain. It is always a good idea consult with an attorney when you feel strongly that you prefer an annulment over a divorce. An experienced family lawyer in San Diego can review the circumstances of your marriage and determine whether a legal case can be made to nullify it. Your attorney will then develop a persuasive argument and carefully draft the required documents and will argue your case in court before a family law judge.

TIME LIMITATIONS FOR OBTAINING AN ANNULMENT

There are time restrictions for obtaining an annulment.  These limitations are referred to as statutes of limitations. Our attorneys will ensure that all filings are done in a timely manner so you do not lose the right to request an annulment and support modification by filing your request past the legal deadline. Other issues may also complicate an annulment:

  • Splitting of assets and debts: if the marriage is null, there is no community property, property settlement, and determination of what assets and debts belong to whom may be more difficult
  • If there are children, it may be necessary to get a paternity order to compel child support and visitation

COMPASSIONATE LEGAL ADVICE FOR NULLIFICATION OF MARRIAGE

Obtaining an annulment of a marriage in California is challenging and rare event. However, with the advice and guidance of a skilled family law attorney it can help resolve these issues and improve the likelihood that the court will grant your annulment.

The San Diego Family Law Attorneys at Mellman & Mellman, LLP will provide the guidance you need during these uncertain times. When it comes time to litigate your case in court we are zealous advocates for our clients in all types of family law cases, including civil annulments. Our attorneys will meet with you at no cost and review the circumstances surrounding your marriage to determine if one or more grounds for annulment exist. When you hire the Mellman & Mellman law firm to represent you, we will work vigorously to document the evidence to support your request to have your marriage annulled, correctly prepare and file all required legal documents in a timely fashion, and compellingly argue your case before the family court judge.