Annulment • Nullity of Partnership • Agreements • Family Law

In California, “annulment” is referred to as a nullity of marriage or nullity of partnership. If you are seeking to nullify your marriage or partnership, it is prudent to see legal advice and guidance from a trusted family law attorney. Before you marriage or domestic partnership will be annulled, you must clearly prove in court that one of the following grounds existed in your case when you were married or officially declared and registered your domestic partnership:

  • Incest: the spouses or registered partner are close blood relatives.
  • Bigamy: a spouse or partner was knowingly married or registered to another person at the time of marriage or at the time of registration of domestic partnership.
  • Underage: a spouse or partner was under 18 years of age at the time of marriage or registration of domestic partnership, and did not obtain parental consent or a court order permitting the marriage.
  • Prior Existing Marriage or Prior Existing Domestic Partnership: a spouse married or a partner registered on the mistaken belief that his or her previous marriage or partnership had ended in the death of the other spouse or partner, who in fact was still living.
  • Unsound Mind: a spouse or partner could not and has not formed the intent to marry or registered due to a mental condition.
  • Fraud: refers to deception regarding a significant matter that led to the marriage or the partnership and continued until the breakup.
  • Force: threats or acts of harm were used to force one spouse or partner into the marriage or domestic partnership.
  • Incapacity: a spouse or partner was and continues to be physically unable to consummate the marriage or partnership.

Residency requirements are less strict when couples seek to nullify their marriage or domestic partnership. For an annulment, it is only necessary for one spouse/partner to be a resident of the county where your case is initiated, and there is no duration of residency requirement, as there is for a divorce.

If your spouse/domestic partner lives outside California or in another country, your attorney can advise you concerning other rules that may apply to your case. Call the Law Offices of James T. Raetz at (310) 292-3087 or (949) 623-8410, when you need legal help understanding your rights or pursuing an annulment of a marriage or a domestic partnership.