Annulments differ from divorces because they terminate and erase the legal marriage contract. An annulment determines that the marriage was never legally valid, so it doesn’t exist in the legal record.
However, unlike a divorce that can be filed for at any point during a marriage, there are statutes of limitation on when – and why – you can file for an annulment. If you don’t file within those limitations, you must pursue a divorce instead.
The best way to proceed with an annulment is to contact a family law expert who works with annulment cases. This ensures your paperwork is filed correctly and that it continues through the family law courts.
File Marriage Annulments Within Four Years Or Less
In most cases, you’ll want to file the petition for a marriage annulment within four years of your marriage date. Going beyond that date can make the marriage legal in the eyes of the family law court, forcing you to file for divorce instead.
Annulments are the way to go if your case qualifies and you want to terminate the marriage because they are almost always more straightforward, less stressful, and affordable.
Annulments With Four-Year Statute Of Limitations
Here is a more detailed list of the legal grounds for filing for an annulment in California, which has a four-year statute of limitations.
You were a minor (less than 18 years old)
It is illegal to get married as a minor in California without parental permission. However, even with your parents’ permission, your marriage may be null and void if you married before turning 18.
The marriage is a fraud (you were tricked into it)
If you can prove that you were tricked into the marriage and the marriage was a fraud, meaning you were tricked into it based on misrepresentations of who the other person was, the marriage can be annulled.
Marriage by force
A marriage is only legal if it is entered willingly and with consent by two legal adults. If one or the other parties were forced or threatened into the marriage, it could be annulled.
Mental illness
If there is any proof that mental illness played a role in the decision-making leading up to the divorce, you may have grounds for annulment. In this case, you may need support from a licensed mental health professional or therapist to prove you were unable to make a sound decision regarding marriage at the time.
However, it’s worth noting that mental health issues can play a role in the terms of child custody and visitation agreements. So, if you have children and are pursuing an annulment, citing you were not mentally sound at the time you were married, we highly advise seeking legal help beforehand to protect your rights as a parent.
Physical inability to consummate the marriage
If either party cannot physically consummate the marriage, it may qualify for annulment. This cause for annulment is less common now but still happens when a couple practices celibacy (with one or both parties believing intercourse is possible after marriage). If one or both are physically unable to consummate the marriage, the contract is void.
The exception to this rule would be if you knew that your partner was physically unable to consummate the marriage, and you chose to marry them anyway. In this case, the judge may not grant an annulment and may direct you to file a divorce instead.
Some Grounds For Annulment Have No Statute Of Limitations
In a few cases, your marriage is considered null and void, no matter what. While this can be viewed as an “annulment,” the law considers the marriage as never having been legal in the first place. That said, one or both parties must file an annulment to finalize the removal of their marriage license and marriage certificate from the public record.
Examples of marriages that are not legally recognized by the courts include:
Marrying someone who’s already legally married
If your spouse was legally married to someone else and you didn’t know it, you can file for annulment to erase the record of your marriage. If your partner legally divorces their original spouse, you can remarry.
Bigamy (multiple husbands/wives)
In some ways, this is the same as marrying someone already legally married. However, in the first case, the second spouse doesn’t know their partner is already married.
Bigamy is different because the second and any succeeding partners know their partner is married, but they choose to get married anyway. The practice of bigamy is still illegal in the United States court system. So, the second and any succeeding husbands/wives are never considered legal spouses in the family court’s eyes.
If the second and succeeding marriage(s) was never filed through the legal court system (fraudulent), then no annulment is required. If, however, those marriages were filed, an annulment would be pursued if any of the successive spouses wanted to get out of the marriage and erase any legal record of their participation. Again, if you had children within a bigamy arrangement, we recommend seeking advice from a legal professional before proceeding with the annulment.
One party thought their spouse was dead
This is not considered bigamy or a deception. In this case, a person truly thought their first spouse was dead. However, if the supposedly dead person emerges from hiding or regains memory after a lapse in memory, the first marriage is still legal, and the second marriage is considered never legal.
Depending on the situation, the most recent marriage can be annulled, and a divorce from the original spouse can be pursued. If the original spouse doesn’t want a divorce and refuses to agree, you can still pursue that divorce and legally remarry the second spouse again.
The Law Offices of Gerard A. Falzone Can Help You With Your Annulment
Are you interested in pursuing an annulment in the Bay Area? The Law Offices of Gerard A. Falzone can help. We focus on mediation as a way to de-escalate complicated terminations of marriage. We can also help you file for annulment and navigate the terms of your child custody and visitation agreements if you had a child within the annulment statute of limitations.
Contact us to schedule a no-obligation, 20-minute discovery call to determine if we can be of assistance.