An annulment is a legal ruling that a marriage never existed. This is different than a divorce because after the annulment is granted, you will not be treated as if you were previously married but as if you had never married at all. Annulments are available in a specific set of circumstances.
- The people who were married were close blood relatives
- One or both spouses was already married and that marriage was still valid at the time of the new marriage
- A spouse was under 18 at the time of the marriage
- A spouse was of unsound mind to understand the nature and obligations of marriage
- The marriage was induced by fraudulent statements or omissions
- The marriage was forced or coerced
- A spouse was incapacitated and physically incapable of consummating the marriage
To receive an annulment, you will need to go to court and prove that one of the above circumstances existed. If an annulment is granted, you may need to ask the court to make orders regarding property division and child support and custody. You will also need to establish paternity because with the marriage invalidated, the presumption of parentage does not exist.
In many of the above circumstances, an annulment is only available for a fixed period of time — often four years after the circumstances allowing an annulment happened or were discovered by the other spouse.
If you are thinking about seeking an annulment, contact an experienced annulment lawyer at Seo Family Law as soon as possible. We proudly serve Dublin, Alameda County, and surrounding Bay Area counties.