Orange County Annulment Lawyer Helping Clients Void Their Former Marriage
Annulment, also known as a nullity, is a very specific form of legal separation that results in a voidable marriage. An annulment can replace a high net worth divorce and will legally result in the same outcome. While there are different circumstances where annulments are, a skilled family attorney from Sarieh Law Offices can guide you through the complicated legal process.
As a law firm that specializes in family law, we have received many questions about annulments in California. Here are some of the most common we have been asked by former clients:
- What qualifies you for an annulment?
- How long can you be married and still get an annulment?
- Can you marry after an annulment?
What Qualifies You For An Annulment?
While an annulment can be tougher to achieve than a divorce, there are specific circumstances in which they can be granted. To petition for an annulment in the state of California, you must meet one of the following qualifications:
Blood relation – if you and your former spouse are related by blood, then your marriage will not be deemed legal.
Bigamy – If one of the spouses was legally married before the second marriage, the current marriage will not be deemed legal.
Underage – If either spouse was under the age of 18 at the time of marriage, the marriage will not be deemed legal.
Fraud – If either spouse fraudulently went into the marriage or caused the other spouse to fraudulently enter the marriage, their union can be annulled. For example, marriages that were entered simply for the sake of a green card.
Incurable Physical Incapacity – If either party in the marriage has a physical incapacity that prevents sex or the ability to have children, a petition for annulment may be filed.
Unsound Mind – If either party in the marriage has a mental condition (temporary or permanent) that prevented them from fully grasping the idea of marriage, then either party can file a petition for annulment. This is the go-to reason when a couple is highly intoxicated when they got married.
Force – If either party was forced to marry, a petition for annulment can be filed.
How Long Can You Be Married And Still Get An Annulment?
To file an annulment, the following statute of limitations apply to their respective reasons:
Bigamy – can be filed at any time while either party is alive.
Underage – must be filed within 4 years after the underage party turns 18.
Fraud – must be filed within 4 years after the fraud is discovered.
Unsound Mind – can be filed at any time before the unsound person dies.
Incurable Physical Incapacity & Force – – must be filed within 4 years of the union.
Can You Marry After An Annulment?
Yes, you can. If you remarry after an annulment, you will not be committing bigamy, because your new marriage will be the only one deemed valid. If you got married again before the annulment was finalized, your new marriage might seem invalid at first, but once the annulment is granted, the new marriage is completely valid.
Contact An Annulment Law Firm In Orange County, CA To Learn More
If you have entered a marriage that you feel is eligible for annulment, a skilled family lawyer can help you through the entire process. At Sarieh Law Offices, we specialize in family law and have a reputation for success. To speak with an annulment attorney, contact our office at (714) 542-6200 to learn more.