Can I Choose to Seek an Annulment Instead of a Divorce?
Are you considering the possibility of ending your marriage? If so, you may be wondering if you are able to file for an annulment rather than a divorce. The process of annulment is often misunderstood, and many people are under the misconception that annulment is easier than going through a divorce and that it is a legal option for short marriages or those in which both parties have decided that the marriage was a mistake. Under California law, annulment has a different purpose that is not the same as a divorce or dissolution of marriage. While divorce is the legal process through which a lawful marriage can be dissolved, an annulment is a legal process through which a marriage that was not initially valid can be voided.
A spouse cannot choose to seek an annulment instead of a divorce if the marriage was not void or voidable.
Annulment is a Legal Way of Ending a Marriage That Was Never Valid
As explained briefly above, an annulment is a legal process through which a court can end a marriage that was never valid. A marriage that was never valid is considered a “voidable marriage” in California. In order to legally dissolve a voidable marriage, one of the parties to that marriage must file for an annulment, and then the judge must determine that the marriage is in fact voidable such that an annulment can be granted.
There are only certain reasons that an annulment will be granted. Under Section 2210 of the California Family Code, the following are the reasons a judge will grant an annulment:
- One of the parties was under 18 at the time of the marriage and no additional steps were taken to make the marriage legal;
- One of the parties was already married;
- One of the parties was forced to enter into the marriage, or their consent was “obtained by force”;
- One of the parties entered into the marriage by fraud, meaning with fraudulent information;
- One or both of the parties lacked the legal capacity to consent to the marriage;
- One of the parties is physically incapable of consummating the marriage.
The above statutory reasons for annulment make clear that neither a “mistake” marriage or a short marriage are grounds for annulment. In either of these circumstances, or others in which the marriage is lawful and valid, a divorce will be necessary to dissolve the legal relationship between the parties.
Contact Our San Jose Divorce Lawyers for Help with Your Divorce Questions
If you have been in a valid and legally recognized marriage and have made the decision to end that marriage, you cannot dissolve the legal relationship through an annulment. Instead, you will need to initiate divorce proceedings. One of the experienced San Jose divorce attorneys at Foster Hsu, LLP can answer any questions you have today and can begin working with you on your divorce case. In the event that your marriage is voidable, our attorneys at Foster Hsu, LLP can assist with you with an annulment under California law. Contact us today for more information about the services we provide.
Source:
codes.findlaw.com/ca/family-code/fam-sect-2210/
