When a court approves an annulment in California, the marriage is declared invalid, as if the marriage had not taken place at all. The state does not have any minimum or maximum time stipulation for filing for annulment; however, there are certain grounds for a marriage to meet to be eligible to be annulled.
The couple seeking an annulment needs to be able to prove at least one of the grounds for a court to grant them the annulment. If at least one of the spouses was already married to another person before marrying the current spouse, the marriage can be declared bigamous and invalid. If the couple are siblings or otherwise closely related by blood, incest can also be grounds for an annulment.
If one spouse can prove the marriage was based on fraud or that they were forced or coerced into the marriage, or if one of the spouses was under the age of 18 at the time of the marriage the court may grant an annulment. Fraud is the most commonly used to annul a marriage and essentially means someone said something untrue or concealed something material. One or both of the spouses may have been of unsound mind, perhaps under the influence of drugs or alcohol at the time of the wedding and was unable to give proper consent.
Finally, if one of the spouses has some incurable physical incapacity, this can be grounds for an annulment.
Annulments are rare in California and you should discuss the possibility of obtaining one with a Mission Viejo divorce attorney before going to court. Call The Hunter Law Group to discuss your options and what your next move should be.
