Reasons Why an Annulment is Allowed in California
Annulment is like the marriage never happened and there has to be proof that the marriage can be annulled. With a divorce the marriage still existed but it is terminated.
It is important to get legal help with both annulments and divorces to protect your rights and make sure the outcome is what you want.
According to http://www.courts.ca.gov/1037.htm here are the legal reasons you can get an annulment and that the marriage was never valid:
- ncestuous: when the people who are married or in a registered domestic partnership are close blood relatives;
- Bigamous: where a spouse or domestic partner is already married to or in a registered domestic partnership with someone else.
Other marriages and partnerships can be declared invalid because of the folllowing, but these things need to be proven and you need to have legal help.
- Age at the time of marriage or domestic partnership: the party filing for the annulment was under 18 years old at the time of the marriage or domestic partnership.
- Prior existing marriage or domestic partnership: Either party was already legally married or in a registered domestic partnership.
- Unsound mind: either party was of “unsound mind” or unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it.
- Fraud: Either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership.
- Force: either party consented to getting married or filing a domestic partnership as a result of force.
- Physical incapacity: the parties got married or registered a domestic partnership while 1 of them was “physically incapacitated” (basically, it means that 1 of the spouses or partners was physically incapable of “consummating” the relationship) and the incapacity continues and appears to be “incurable.”