Annulment in California – Orange County
Annulment in California invalidate a marriage as if you were never married before. An Orange County Family Law attorney has written the guidance below based on the most frequently asked questions and issues most frequently discussed in the Orange County Superior Court.
How to get an Annulment in California?
In order to get an Annulment in California you need to show that your marriage is void or voidable. The difference between void and voidable marriage is the void is invalid at the beginning, but voidable is valid initially and may be invalidated if one petitioned for it.
There is no requirement for duration of the marriage to qualify for annulment. However, there are requirements regarding time period during which the spouse petitioning an annulment must start the process. This period of time is called the “status of limitation”. Status of limitation is different for each ground for annulment.
Status of limitation for some Grounds for Annulment in California
The court will order annulment in California on the ground of physical incapacity if one of the spouses appears to be incurable. The status of limitation based on this ground is four years. The injured party must file for annulment within four years after the marriage.
Another ground for annulment in California is unsound mind. For this ground there is no status of limitation. The spouse, or conservator or relative should file at any time before the death of either party.
The court automatically grants an annulment if the marriage is bigamous (one or both spouses were already married to someone else).
A marriage involving incest, such as marriage between close blood relatives is subject to annulment as well.
Fraud and force are also basis for annulment.
Lastly, marriages between one or both people under the of age 18. This ground has a four year statute of limitation. If the underage spouse turned 18 and did not file for annulment within 4 years, it will not be granted.
Documents preparation for Annulment in California
Documents for annulment in California are similar to the documents for divorce and legal separation. It starts with summons, petition, local form and Declaration Under Uniform Custody Jurisdiction and Enforcement Act ( if there are minor children from this marriage).
The ground for annulment will be stated on the declaration for annulment. The petitioner needs to explain very clearly the reason for annulment.
After filling the forms the petitioner need to file them with the court and serve his/her spouse.
Your spouse has thirty days to response. There are some different ways to proceed with Annulment. It depends whether your spouse response or not response.
In any way the petitioner need to go to set up a hearing. The spouse who petitioned for annulment in California must prove the ground, as he or she bears the burden of proof.
The source of California Law regarding Annulment is California Family Code section 2210
The important distinction regarding process of annulment in California is that no Statutory Residency necessary.
For a judgment of annulment in California, unlike a judgment of divorce, there is no statutory residency requirement.