Navigating California Annulments

July 15th, 2017

Annulments are often considered to be an easy option compared to divorce. The truth is that navigating the process of annulling a marriage can be as difficult as a divorce and the processes of each is completely different from one another. Obtaining a San Diego divorce attorney to help you navigate this process is recommended when obtaining an annulment.

While obtaining a divorce in the state of California is the division of an existing marriage, an annulment seeks to prove that the marriage was invalid and therefore never existed. There are two types of annulments, a void marriage and a voidable marriage. A void marriage was never legally valid. A voidable marriage is valid until there is an annulment.

As follows are some common reasons to obtain an annulment:

Fraud

The most common reason for an annulment is fraud. In these types of cases fraud means that the marriage was obtained by fraud, which is typically either a false representation or concealment that is substantive.

Unsound Mind

Either party was of unsound mind, unless the party of unsound mind, after coming to reason, freely cohabited with the other as husband and wife. An annulment obtained due to an unsound mind is considered a voidable annulment.

Minority

If either party was under the age of 18 at the time of the marriage and did not obtain parental consent, the marriage is voidable.

Incest

Family Code 2200 states: Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces or aunts and nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate.

If you are considering an annulment and want to determine not only if this is the right choice but also how to navigate the process of obtaining one, contact the San Diego divorce lawyers of Dunne & Dunne for a free consultation today.

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