If you have decided that an end to your marriage is inevitable, you may be wondering if you will be able to file for an annulment as opposed to having to go through a potentially lengthy and costly divorce. While these two words may lead to the same conclusion- an end to your marriage- you should know that each carries a unique meaning.

In California, the majority of marriages end by the common process known as divorce. Simply stated, a divorce is a judicial declaration to sever the contract of marriage. An annulment, on the other hand, is a declaration that aims to prove that the marriage was never valid to begin with. So, while a divorce acknowledges that the marriage was valid but needs to be dissolved, an annulment aims to dissolve a marriage by arguing that the nuptials should never have been recognized as a marriage in the first place.
If you’re looking for answers to your questions of this nature, our divorce guide is a great resource for examining the differences between legal separation, divorce and annulment. In an effort to offer you some immediate and helpful information, though, let’s look at some common marital conditions that must exist to qualify for annulment in the state of California.

Qualifying for an Annulment in California

Marriages in California are never valid if they involve:
• Incest: Marriage is illegal between any full or half blood relatives, including parents and children, aunts and nephews, uncles and nieces, brothers and sisters, etc.
• Bigamy: Marriage is illegal between two people if one of them has a living domestic partner at the time unless the previous marriage was annulled or dissolved prior to the current marriage.

Marriages can be considered “void” or “voidable” in California if:
• The marriage was of force, or fraud, or one of the spouses suffered from a physical or mental incapacity.
• One of the spouses was under the age of 18 and failed to receive proper parental consent.
• One of the spouses was already married or in a domestic partnership.

Have Questions or are Considering an Annulment in California?

We recognize that getting an annulment may be a difficult and complex task. If you have questions regarding whether or not you and your spouse qualify in the state of California, it is in your best interest to contact an experienced divorce attorney. Call Bohm Wildish at 1-877-615-6620 and have one of our attorneys talk you through your concerns and get you the answers you need to move forward.