What do we have to do in California if we want to annul our marriage? 9 Answers as of February 05, 2011

Can we still qualify for an annulment? I have been married for less than a year, and want to divorce.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Time does not matter for an annulment. An attorney would ask questions to see if your situation will allow you to apply for an annulment. If not then you need to file for a divorce.
Answer Applies to: California
Replied: 2/5/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
If you both agree, then just file the dissolution based on annulment.
Answer Applies to: California
Replied: 2/2/2011
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
In order to have a marriage annulled the marriage must have been void from its inception. This means at the time of your marriage there were irregularities in statutory formalization procedures (ordinarily, license, solemnization and authentication) or because of other legal impediments that notwithstanding proper formalization, render the marriage void or voidable (incestuous, bigamous, induced by fraud or force, party under age of consent).
Answer Applies to: California
Replied: 2/2/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
There are various reasons that may justify getting an annulment more than simply the length of marriage. Instead of recite every scenario that may justify an annulment, it would be more expedient for you to simply call a local family law lawyer and you can tell him/her the facts of your situation to determine whether you qualify for an annulment. That lawyer can also explain the legal process to get an annulment, or a divorce if an annulment is not justified based on your circumstances.
Answer Applies to: California
Replied: 2/1/2011
Bartholomew & Wasznicky LLP
Bartholomew & Wasznicky LLP | Hal D. Bartholomew
An annulment, or as it is technically called in California, a Judgment of Nullity may be granted by a Judge after listening to testimony. A judge must make findings that there are factual grounds for granting a judgment of nullity. I would suggest that you talk to an attorney about whether the facts and circumstances of your situation might qualify you for an annulment.
Answer Applies to: California
Replied: 2/1/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Annulment is not designed for the joint use of parties as a convenient alternative to Dissolution of Marriage, to end their marriage. The grounds for Annulment are specific, and are set forth in Family Code Section 2210: (a) lack of capability to consent per Family Code Sections 301 or 302 unless after attaining age of consent, freely cohabited with the other as husband and wife; (b) another marriage of husband or wife was already in force at the time of the marriage (other details omitted here); (c) either party was of unsound mind, unless that party after coming to reason freely cohabited with the other as husband and wife; (d) the consent of either party was obtained by fraud, unless the defrauded party with full knowledge of the fraud, freely cohabiteed with the other as husband and wife; (e) consent to the marriage was obtained by force, unless the forced party afterwards freely cohabited with the other as husband and wife; or (f) either party was, at the time of the marriage, physically incapable of entering into the marriage state, and that incapacity continues and appears to be incurable. Section 2210(d) is by far the most common ground in Annulments, but the fraud must go to the heart of the relationship for the Court to grant an Annulment. A word to the wise: If you are seeking an Annulment, hedge your bets and seek both a Dissolution of Marriage and an Annulment in your Petition, so if the Court declines to grant the Annulment, you can still go forward with the Divorce, instead of having to start all over again with a Divorce case.
    Answer Applies to: California
    Replied: 2/1/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    I I have reviewed your case information and I can help you with your annulment or divorce and take you through all the steps necessary to make as sure as can be that you give only what you must, and receive everything to which you are entitled.

    To obtain an annulment you must prove one of several specific types of causes of action such as fraud, illegality, insanity and the like. You cannot obtain an annulment because of a bad choice, or bad decision. We can discuss the facts.

    Since documents have not been filed with the court it is very important that we speak as soon as possible, so I can evaluate your problem, and if hired protect all of your interests, hopefully without going to court. You may find some helpful information on my website. The best way to contact me for an immediate response is for you to call me.
    Answer Applies to: California
    Replied: 2/1/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    There are very specific requirements that must be met in order to get an annulment. I would strongly suggest that you speak with an attorney to determine if you qualify. I am available for free consultation to discuss this matter further with you. Please contact me at your earliest convenience.
    Answer Applies to: California
    Replied: 2/1/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    It will probably be quicker and cheaper to get a divorce, but if you want to get an annulment, you need to call an attorney and discuss your options. It would be difficult to tell you if you have any grounds for a nullity without a lot more detail. It usually requires duress or fraud of some sort.
    Answer Applies to: California
    Replied: 2/1/2011
Click to View More Answers: