Annulment

Certified Specialist - Family Law

Annulments in Orange County

Newport Beach Divorce Attorneys

In an annulment, the court decrees that the marriage was never legal in the first place. If the court decides there are valid arguments that make the annulment possible-upon the decree of the court, it will be as if - as far as the law is concerned - the marriage never transpired.

In the state of California, a resident has four years from the date of the marriage to bring an annulment petition before the court. While an annulment is not necessarily an easy thing to obtain, the fact is - there is a law for it- showing there are circumstances in life, when this may be the most correct course of action.

What is required for annulment in Orange County?

If you have questions regarding annulment, do not hesitate to contact a Newport Beach divorce lawyer from our firm. The state law is clear as to what specific conditions may be grounds for an annulment, such as:

  • Physical or Mental Incapacity
  • Fraud
  • Coercion
  • Underage Individual
  • Bigamy
  • Incestuous Relationship

Annulment on the Grounds of Fraud or Deceit

If you entered into a marriage, and before the marriage took place, your spouse did not reveal certain major things, it may be considered that the marriage was entered into without your complete knowledge and consent. If your spouse hid true information from you or offered you untrue information as true (lying by omission or commission) you may be a victim of fraud. For instance, there may be areas of paternity of children not disclosed or ownership of monies and property or large debts that were not disclosed.

The concept of fraud is a major aspect in many annulments. An individual may have certain major medical conditions which were not revealed before the marriage (e.g. Aids, Cancer, and Muscular-Dystrophy) or a disability which prevent them from performing the sexual act. These conditions should and need to be discussed openly before the marriage, as they would determine a certain quality of life for the other person. This idea of open communication vs. intent to defraud also applies in the area of mental capacity. If there is a history of mental illness, dementia or Alzheimer's etc. with your spouse - these mental conditions would need to be revealed.

Marriages Based on Coercion

A person might also be coerced into a marriage. If you were physically or mentally threatened into the marriage (i.e. your spouse told you that something terrible would happen to you or your family if you did not agree to marry them), for instance. Another case might be when one or the other parties pretends to be in one sort of business, but it turns out that they are involved in criminal activities. More dramatically, if it is discovered that the two spouses, knowingly or unknowingly, are physically related too closely to each other to allow them to be married-that too would invalidate the marriage.

An annulment can be an intricate matter that brings up a number of the legal questions, it is wise to contact a qualified Newport Beach family attorney to help you with the issues of annulment.

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