Grounds for an Annulment of Marriage in California
Posted by cadivorceblawg on April 28, 2009
In my last article, I discussed issues of which you need to be aware when considering an annulment of your marriage in California. This post examines each of the grounds for an annulment in more detail.
To get an annulment, you must show that the marriage was either void or voidable at the time of marriage. A void marriage is void from the beginning and technically, never existed. A voidable marriage, on the other hand, is valid for all intents and purposes until you obtain the annulment judgment in court.
Grounds for a Void Marriage:
- Incest: Marriages between relatives, like parents and children or brothers and sisters, are void from the beginning based on incest.
- Bigamy: If someone is married and gets married to another partner, the second marriage is void based on bigamy. However, in some cases, a bigamous marriage may be voidable instead (see below).
Grounds for a Voidable Marriage:
- Bigamy: A bigamous marriage is voidable instead of void under two circumstances: 1) if for five successive years prior to the second marriage the first spouse has been absent and not known to be alive; or 2) if the first spouse was generally believed to be dead.
- Minority: If one of the spouses was under the age of 18 at the time of marriage, it is voidable. There are two exceptions. 1) If the minor got his or her parents’ consent or consent from the courts, the marriage is not voidable. 2) Likewise, if, after turning 18, the once minor spouse freely continues to live with the other as a married couple, the marriage is no longer voidable.
If the underage spouse seeks to annul the marriage, s/he must file the petition within 4 years of turning 18. Alternatively, the minor’s parents or guardian can file the petition before the minor turns 18.
- Unsound Mind: If one of the spouses was of “unsound mind” at the time of marriage, it is voidable, unless, after coming to reason, s/he freely continues to live with his or her spouse as a married couple. There is one important distinction: If the spouse was of unsound mind but at the time of marriage had a lucid period, the marriage is valid and not voidable.
“Unsound mind” in this context means that the person is unable to understand the nature of the marriage contract and all the obligations and rights that come along with it.
Either the unaffected spouse or a relative or conservator of the unsound spouse can file a petition for annulment.
- Fraud: If one of the spouses got the other’s consent to marriage by fraud, the marriage is voidable. However, the marriage is no longer voidable once the defrauded spouse freely continues to live with the other as a married couple even though he knows about the fraud and all the facts. Fraud can be a false representation or a cover up of facts. It must go to the very essence of the marriage.
Just last year the California Court of Appeal decided a case based on fraud. In Marriage of Ramirez, the husband got married with the intent to ignore his marital obligation of fidelity. The court found this was fraud and sufficient to grant an annulment of the marriage.
Only the defrauded spouse can file a petition for annulment and s/he must do so within 4 years of discovering the fraud. Discovery is the time at which s/he finds out facts sufficient to make a reasonably prudent person suspicious.
- Force: If consent to marriage was obtained by force, the marriage is voidable. If the forced spouse freely continues to live with his or her spouse, the marriage is no longer voidable.
Only the forced spouse can file a petition and must do so within 4 years from the date of marriage.
- Physical Incapacity: If one of the spouses was physically incapable of entering into the marriage, continues to be incapable, and the incapacity appears to be incurable, the other spouse may file a petition for annulment. Physical incapacity to enter into a marriage is the inability to engage in normal copulation.
The petition must be filed within 4 years from the date of marriage.
Final Thoughts:
An annulment or nullity of marriage can be highly technical and complicated. Therefore, it is always better to consult an attorney to find out more about your rights and your chances of success. In addition, the law provides for statutes of limitation, giving you only limited time to file your petition. If you are unsure of how much time you have to protect your rights, you should talk to an attorney as soon as possible.
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Note: This article is not legal advice. It only addresses general matters and should not be relied on by readers or considered legal advice. Only California law is addressed. Contact a lawyer in your state to discuss the specifics of your case and the applicable law.
Also read: Part 1: Annulment of Marriage
