When Can You Get An Annulment?

Posted on : April 11, 2015
Orange County attorney for marriage annulment

It’s not uncommon for married couples to realize that they did not make the best choice for themselves. However, getting a divorce isn’t always the best avenue for dissolving a marriage. In some cases, you may be able to get your marriage annulled — meaning, legally, the courts would consider your marriage to never have happened at all. Here’s what you need to know about when it is appropriate to get an annulment in California.

1. You Discovered Your Partner Was Already Married

Bigamy in California, as well as in other states, is illegal. If your spouse was already legally married at the time of your marriage, you may be eligible for an annulment.

2. Your Spouse Coerced You Into the Marriage

If your spouse coerced you into the marriage, either by threats, physical force, or even bribery, it is likely you would be able to get an annulment instead of a divorce. In cases where violence or criminal threats were made to coerce you into the marriage, you should explore additional legal action.

3. Your Spouse Is Impotent and You Were Unaware of This Before the Marriage

Many people postpone engaging in sexual activity until they are married. If you did so and discovered your spouse was impotent or unable to consummate the marriage, it could be considered as grounds for an annulment.

4. Your Spouse Misled You Before the Marriage

In some situations, an individual will mislead a spouse in order to pursue marriage. For example, you may have been misled by your spouse’s promises to have children with you, when in fact, he or she is unable to have children or underwent surgery to become sterile before the marriage. In cases where misinformation has a critical impact on the marriage, you may be able to get an annulment.

5. You and Your Spouse Are Blood Related

If you discovered that you and your spouse were blood relatives after you were married, and were unaware of this fact before your marriage, you may be eligible for an annulment as opposed to a traditional divorce.

When to Contact a Family Law Attorney

It is difficult to know for sure whether your case qualifies for an annulment, or if you will need to explore other ways to dissolve the marriage. Speaking to an experienced family law attorney who understands California annulment law is key to ensuring that your rights are protected and that you are able to seek out the best possible resolution for your case.

Attorney Barbara McNamara has worked with many clients throughout their annulment, and can bring her unique expertise and resources to your case. She is a Certified Family Law Specialist and will work hard to see to it that your case has a positive outcome. Call today for a consultation at (714) 740-2542.

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