Friday, February 4, 2011

WHAT DO WE HAVE TO DO IF WE WANT TO ANNUL OUR MARRIAGE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: What do we have to do in California if we want to annul our marriage? Can we still qualify for an annulment? I have been married for less than a year, and want to divorce.

ANSWER: Annulment is not designed for the joint use of parties as a convenient alternative to Dissolution of Marrriage, to end their marriage.

The grounds for Annulment are specific. Those grounds 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 tht 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.

This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.

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