In the state of California, marriage annulment is a legal process where a judge declares that a marriage or domestic partnership was never legally valid. If you are exploring this option, speaking with a Marin county marriage annulment attorney can help you determine whether your situation qualifies under California law.
A marriage can only be annulled if something was legally wrong from the very beginning. When a marriage is annulled, it is treated as though it never existed under the law.
If your marriage is annulled and you have children together, the court may still issue orders related to child custody, visitation, and child support. However, unlike divorce, a judge cannot always divide community property or debts or order spousal support. An exception may apply if one spouse is considered a putative spouse, meaning they genuinely believed the marriage was valid. In those cases, the court may divide property and debts and may also award spousal support.
As with divorce, annulment is a serious legal matter, and having proper legal guidance is important. Working with an experienced Marin county marriage annulment attorney helps ensure your rights and interests are protected throughout the process.
Reasons for Marriage Annulment
What are the reasons why a marriage may be annulled in California?
- Incest: a marriage between close blood relatives.
- Bigamy: one spouse is already married to someone else.
- One spouse was under 18 and didn’t have a judge’s permission to marry.
- One spouse was tricked: the other spouse lied about something significant.
- One spouse is of unsound mind and didn’t understand what marriage means.
- One spouse is physically unable to consummate the marriage.
- One spouse is still married to someone they thought to be dead but isn’t.
- One spouse was forced into the marriage.
When You Need a Marin County Marriage Annulment Attorney
You may need legal representation when pursuing a marriage annulment because these cases often involve strict legal requirements and complex factual issues. An experienced attorney can evaluate whether your situation qualifies for annulment under California law, prepare and file the necessary court documents, and represent you in hearings if disputes arise.
The attorneys at Warren Major LLP provide trusted legal support for clients seeking marriage annulments. We guide clients through every stage of the process, from determining eligibility to final court orders. When children are involved, we help negotiate and draft Child Custody and Visitation Agreements and Child Support Agreements that protect your parental rights and align with your long-term goals.
In cases involving property or financial concerns, we assess whether putative spouse rights apply and, when appropriate, litigate matters related to community property division and spousal support. Our goal is to minimize stress, avoid unnecessary delays, and help you achieve a fair and legally sound outcome.
Frequently Asked Questions
1. What is the difference between annulment and divorce in California?
An annulment declares a marriage legally invalid from the start, while a divorce ends a valid marriage.
2. Can child custody be decided in an annulment case?
Yes. Courts can issue orders for child custody, visitation, and child support even if the marriage is annulled.
3. Is there a deadline to file for a marriage annulment?
Yes. Time limits vary depending on the legal reason for the annulment.
4. Will property be divided after a marriage annulment?
Property division is not automatic, but it may occur if one spouse qualifies as a putative spouse.
5. Do I need a lawyer for a marriage annulment?
Although not required, working with aattorney can help protect your rights and avoid costly legal mistakes.
Conclusion
Marriage annulment cases require careful legal analysis and proper court filings. With the right guidance, you can move forward with confidence and clarity. Warren Major LLP is here to help you understand your options and pursue the best possible outcome for your situation.
Please contact us to discuss your marriage annulment needs.
