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Annulment of an Invalid Marriage in California

Orange County Divorce Attorneys

Many people confuse annulment with divorce. Although both are legal processes that have a similar end - the dissolution of a marriage contract - there is one stark difference: annulled marriages were never considered valid. Individuals who have entered into a legal marriage contract and later decide the marriage is not working can pursue a divorce. Individuals who realize their marriage is not legal under California law may have their marriage contract ended via annulment.

Was your marriage illegal?

There are several grounds for annulment in California including:

  • Incest: California does not allow marriage to full- or half-blood relatives. Examples include parents, children, siblings, aunts, uncles, cousins, nieces, nephews and others such relatives.
  • Bigamy: Individuals may have only one spouse under California law. Intentional marriage to more than one person or intentional marriage to someone who already has a spouse is illegal.
  • Marriage by force / fraud: If the marriage was obtained through deception or threats of violence or other force, it is invalid.
  • Physical or mental incapacity: A marriage may be annulled in California if one spouse suffers severe physical or mental incapacity.
  • Marriage to a minor without parental consent: Marriage to a person who is 17 or younger is illegal, unless the child's parents give full and legal consent.
  • Existing marriage or domestic partnership with a third party: Annulment is possible if a marriage or domestic partnership is found to be in existence between one of the spouses and a third party. These cases are different from bigamy in that one or both of the spouses were not aware that the other marriage contract existed or was still valid, whereas bigamy is the intentional marriage to multiple people or to someone who is already married to another.

Seek an Annulment with the Help of a Divorce Lawyer

Discuss your case with a Orange County divorce attorney from Diefer Law Group, PC today to learn whether or not your marriage is eligible for annulment. We can help you through each step of the process and support you as you navigate this emotional time of your life.

Also serving Riverside, Los Angeles, and San Diego areas.

Our firm offers a free initial consultation, so do not hesitate to contact us today.

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