There are many differences between an annulment and a
legal separation in California. An annulment is equivalent to an invalid marriage, in other
words it is as if the marriage never existed. As a result, community property
rights and responsibilities no longer apply. In California, people can
divorce at any time after marriage. Annulments differ as the party will
need to establish a statutory reason for the annulment.
Reasons for Annulment
- For annulments based on age (marrying before the age of 18), a person has
4 years after they turn 18 years old to petition the Court for annulment.
- For unsound mind, an annulment can be filed by the party claiming the spouse
is of unsound mind or a relative of the party with unsound mind at any
point before either party dies.
- Fraud cases can only be annulled by the spouse or domestic partner who
was deceived and only for 4 years after discovering the fraud.
- For physical incapacity, a party claiming their spouse or domestic partner
is incapacitated must file for annulment within 4 years of getting married.
There are strict requirements for annulments, so it is always a good decision
to research the time requirements prior to filing your petition.
Before filing for an annulment, you should
consult with an attorney to ensure you fall within the time periods that qualify for an annulment.
You can speak to a
Family Law attorney at Castellanos & Associates, APLC at (323) 212-5599. Our
consultations are free and confidential.