Annulment Attorney in Orange County, CA
An annulment is like using a pencil eraser. You choose to erase that which was an error or mistake. In some cases, an annulment can be obtained that will nullify your marriage as if the marriage never happened. To obtain an Annulment, you want a lawyer who will help you understand your options and protect your rights.
Annulment — Nullity of Marriage
Over the years, the State of California has changed the legal term from “annulment” to “nullity of marriage” and “nullity of domestic partnership.” That said, outside of the courtroom and legal paperwork, most people and lawyers still call it “annulment.”
Legitimate and Legal Reasons for Seeking an Annulment
According to the Judicial Branch of California, a marriage is NEVER legally valid when it is:
- Incestuous: [Ca Fam § 2200] when the people who are married or in a registered domestic partnership are close blood relatives; or
- Bigamous: [Ca Fam § 2201(a)(1)] where a spouse or domestic partner is already married to or in a registered domestic partnership with someone else.
Other marriages and partnerships can be declared invalid because of:
- Minority of a Party: [Ca Fam § 2210(a)] age at the time of marriage or domestic partnership – the party filing for the annulment was under 18 years old at the time of the marriage or domestic partnership.
- Prior existing marriage or domestic partnership: [Ca Fam § 2210(b)] Either party was already legally married or in a registered domestic partnership. This is different from bigamy (which is automatically illegal) because, in this case, the marriage or domestic partnership took place after the former spouse or domestic partner was absent for 5 years and not known to be living or generally thought to be dead.
- Unsound mind: [Ca Fam § 2210(c)] either party was of “unsound mind” or unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it.
- Fraud: [Ca Fam § 2210(d)] either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples are marrying only to get a green card or hiding the inability to have children.
- Force: [Ca Fam § 2210(e)] either party consented to getting married or filing a domestic partnership as a result of force.
- Physical incapacity: [Ca Fam § 2210(f)] the parties got married or registered a domestic partnership while 1 of them was “physically incapacitated” (basically, it means that 1 of the spouses or partners was physically incapable of “consummating” the relationship) and the incapacity continues and appears to be “incurable.”
Even those parties who believe that they meet the requirements for an annulment, will find out that it can be difficult to receive one. If you think that you qualify for an annulment, contact Ed Fahlen at (714) 395-5669 to schedule a consultation and learn more about the annulment process.
If Ed believes that you will be unable to receive an annulment, he can help you through a conventional divorce proceeding while protecting your rights and helping you reach the resolution you desire.
Contact Edwin Fahlen Today
Ed Fahlen has been working on behalf of Orange County families since 1987. His family law practice has been built on referrals from numerous satisfied clients.
Free Introductory Meeting
I encourage you to reach out to make that free introductory meeting with me by calling (714) 395-5669. There is absolutely no pressure whatsoever. Typically, people will want to sit down with a divorce attorney to discuss their current circumstance and to learn of their options. I am pleased to offer this complementary legal service to residents of Orange County and beyond.
If it is late at night or inconvenient to call me, please email me using my CONTACT US form on the left side of the screen. This form comes directly to my desk. I will contact you the minute I see it.
Conveniently located in Fountain Valley
We are located off the 405 Freeway. Here is a picture of my office building and a Google Map to get your bearings.