Overview
Ending a marriage can be tricky with all the legal matters that you need to consider. As of 2024, the US divorce rate remains between 40% and 50% for first marriages. If your marriage is falling apart but you don’t want to go through divorce, you might consider looking into annulment.
Unlike divorce, which dissolves but still acknowledges a valid marriage, annulment terminates the marriage entirely. Each state has its own rules about annulment. For instance, under California annulment law, you must prove that your marriage falls under specific legal grounds, such as bigamy, underage marriage, physical incapacity, fraud or misrepresentation.
Annulments can have different legal consequences compared to divorces. Let’s discuss how small variations could affect your future.
Grounds for Annulment in California
There are specific factors that can serve as the basis for annulments in California. If one of the couple was already married, you can desire an annulment to state that your marriage isn’t lawful. This is called bigamy.
It can also be requested if the marriage is illegal, where one of the married couples is too young and doesn’t have approval from their parents to get married.
A fraudulent marriage where someone married you under false pretenses to gain your property or obtain a citizenship or a green card can also be a ground for annulment.
Forced or pressured circumstances could also justify ending the marriage and filing for an annulment.
The Process of Annulment
The first step in getting an annulment in California is to file a petition that describes why you wish to end your marriage. You need to tell the court some things about your marriage and why it ended.
The court will send a copy of the petition to the spouse after you file it. They will then have a chance to respond. If they agree to the annulment, things will move along much more quickly than if there has to be a hearing.
At the hearing, you show proof to back up your case. If the court believes the claims to be accurate, it orders the annulment, and the marriage is no longer valid.
During the sessions, keep track of all the important papers.
Differences Between Annulment and Divorce
Some may look at divorce and annulment the same way because they both end the marriage, but the legal steps and results are different.
The law does not recognize any form of marriage annulled because it never existed. In contrast, the divorce dissolves the marriage and distributes the properties and responsibilities among the couple.
Annulments are sought on much graver grounds, such as fraud, incapacity, and so on. Divorces may be filed for the widest assortment of reasons.
If all goes perfectly, an annulment can sometimes move faster than a divorce. These differences can help you decide which way is better for you.
Effects of Annulment on Property and Debt
When annulment is approved, it nullifies the marriage, as if it never happened. This choice affects debts and property.
The community property rule in California divides marital property. Since annulments declare marriages invalid, half of the property may not be distributed. Private property owned by one party before marriage is usually kept.
Debts could be more troublesome. You may be held responsible for any loans or debts incurred during the marriage.
Consult a lawyer to learn what your rights and duties might be upon an annulment in terms of properties and debts.
Frequently Asked Questions About Annulment
What annulment inquiries are most common? You may first wonder if annulment is divorce. No, annulment means a marriage was invalid.
You can also inquire about eligibility. California annulments are available if one spouse is underage, a fraud, or did not consent.
People typically inquire how long it will take. The method varies, but if everyone agrees, it takes months. Annulment, like divorce laws, hinders property division.
You may wonder if annulment allows remarriage. Yes, you can remarry after annulment.
If you’re not sure if your case is right for an annulment, you should talk to a family law expert or the Self-Help Center at your local court.
