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).
Posted in Annulment | Tagged: Annulment, California, Court, Family Law, Marriage, Void, Voidable | Leave a Comment »
Posted by cadivorceblawg on April 21, 2009
Annulments often cause confusion. Although you can always choose between a divorce and legal separation, you can only get your marriage annulled if one of the grounds listed below was present at the time of marriage and if you can prove it.
Effect:
An annulment (or nullity) erases the marriage as if it never happened. However, if you have minor children, the judge will make child custody and support orders. In addition, a party could be found to be a putative spouse. A putative spouse is one who reasonably and in good faith believed that s/he was married to the other and that the marriage was valid and consistent with California law. In such a case, s/he might be entitled to property, spousal support, and attorney fees.
Grounds:
To obtain an annulment, the marriage must have been void or voidable at the time you got married. A marriage might be void based on incest or bigamy at the time of marriage. On the other hand, a marriage might be voidable because of minority, bigamy, unsound mind, fraud, force, or physical incapacity at the time of marriage.
Read the rest of this entry »
Posted in Annulment | Tagged: Annulment, California, Court, Family Law, Marriage, Separation | 1 Comment »
As last week’s new “Frequently Asked Questions” section was so well received, I have added another group of questions. This week’s subjects are divorce, legal separation, and annulments. The questions range from “What is the difference between a divorce and a legal separation?” to “How can I get a divorce?” or “What are the grounds for an annulment?” and more.