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Many people who want a divorce wish they had never gotten married in the first place, and also do not like the idea being divorced. Thus, a common question people have when first pursuing an end to their marriage is whether they can get their marriage annulled, as an annulment is an action which declares that a marriage was never valid in the first place. While annulments are available in California, they are only available in limited situations and might not provide you with the benefits you are seeking.

The Difference Between a Civil Annulment and Religious Annulment

If you have heard of people having their marriage annulled, chances are that the situation related to a religious institution such as a church granting the annulment, not a state court.
 
Remember, marriage is both a legal issue as well as a religious issue for many people, and what the state does with regard to your marriage is completely separate from what your church or synagogue might do. Thus, religious institutions such as a church can grant an annulment of your marriage that can impact your standing within the church and ability to remarry, but that has absolutely no impact on whether the state of California (or any other state) will grant an annulment.

Annulment in California

California does recognize annulment, which means that your marriage will be considered to have never been legally valid, but annulment is again available in only a limited number of situations. These situations include:

  • Incest: When the married couple are close blood relatives
  • Bigamy: When one spouse was still married to another spouse at the time of the marriage
  • Underage: The person filing for annulment was under the age of 18 at the time of the marriage (must be filed within 4 years of turning 18)
  • Unsound Mind: If one person was of unsound mind at the time of marriage, he or she can file for an annulment
  • Fraud: If a person was deceived into marrying another person (e.g. did not realize the other person only wanted a green card), he or she can file within 4 years of finding the fraud
  • Force: If a person was forced into marriage, he or she can file for annulment
  • Physical Incapacity: A person married to someone who is physically incapacitated can file for an annulment within four years of getting married

 
Notably, because an annulment means the marriage is invalid, spousal support will not be available in an annulment, nor will there be community property rights. Thus, seeking an annulment may not be as financially advantageous for some as filing for a divorce. Speak to an experienced California family law attorney about your situation.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.