|
CALIFORNIA ANNULMENT marriage annulment, obtain an annulment, California annulment
A People’s Choice can save you hundreds of dollars by preparing your annulment documents instead of an expensive divorce attorney!
Family Law Learning Center
Our online learning center provides quick access to valuable information contained in our web
site, California and Federal Codes, Court web sites and other legal sources of information.
General Information About Nullity:
When the validity of the marriage is in doubt, petitioning for a judgment of nullity
(rather than marriage dissolution) is appropriate. Divorce and nullity of a marriage are premised on completely different assumptions:
Dissolution: A dissolution action seeks to terminate a valid marriage on grounds arising after the marriage (CA Family Code § 2310);
Nullity: A nullity proceeding seeks to terminate the marriage based on the theory that, for reasons existing at the
time of the marriage, no valid marriage ever occurred (i.e., the marriage, from its inception, is either void or voidable.
In other words, whereas a dissolution action seeks to terminate marital status, a nullity action seeks to determine that the marriage status never existed under California law).
A marriage may be invalid from its inception either because of irregularities in statutory procedure. Ordinarily, these
irregularities are due to license, solemnization, authentication, or because of other legal issues that render the marriage void
or voidable (incestuous, bigamous, induced by fraud or force, party under age of consent, etc.).
 General Requirements for a Valid Marriage in California:
Marriage under California law is a personal relation arising out of a civil contract between a man and a woman. The
consent of the parties capable of making that contract is necessary. The parties' consent does not alone constitute a marriage. To validate the marriage, the consent must be
followed by issuance of a license, solemnization, and authentication; the “certificate of registry of marriage” must be filed with the proper agency. California has abolished the
concept of "common law marriage”; therefore, a valid marriage cannot be created in California solely by the parties' consent or mere cohabitation.
Basis to Obtain an Annulment: In California a nullity (formerly called annulment) is a
process of obtaining an order that the marriage never existed, and restores the parties to single status. The grounds for nullity are more complicated than for a dissolution
proceeding and are stated in the California Family Code. The grounds are (place cursor on grounds for further explanation):
In the annulment process, the court can provide for orders regarding child support and property. Unlike in a dissolution or
legal separation proceeding, formal testimony is required and there must be a court hearing. At this hearing, the Petitioner
will need to explain to the court their reasons and legal basis for seeking an annulment of their marriage. A hearing can take
place no earlier than 31 days following the date of service of the Summons and Petition on the other party. At the hearing, if
the court approves the grounds for the annulment, a judgment of nullity will be immediately granted, restoring the parties’ to
single status and allows them to immediately remarry after the hearing. There is no six month waiting period.
A People’s Choice can save you hundreds of dollars by preparing your annulment documents instead of an expensive divorce attorney!
|
