Understanding Annulment in California: A Comprehensive Guide

What is Annulment?

Annulment, also known as annulment of marriage, is a legal process that declares a marriage null and void from the beginning. Unlike divorce, which terminates an existing marriage, annulment seeks to invalidate the marriage contract altogether.

In California, annulment can be granted for various reasons, including fraud, duress, or lack of capacity to consent. If you're considering seeking an annulment, it's essential to understand the grounds and procedures involved.

Grounds for Annulment in California

California law provides specific grounds for annulment. These include: lack of capacity to consent due to mental incompetence or intoxication at the time of marriage, fraud, duress, or force that induced one party to enter into the marriage.

It's crucial to note that California does not recognize common-law marriages, and any attempt to establish such a union will be considered invalid.

The Annulment Process in California

To initiate the annulment process, one party must file a petition with the court. The other party will then be served with notice of the proceedings.

A hearing may be required to determine whether the marriage is invalid and should be annulled. If granted, the annulment decree will be issued, effectively terminating the marriage.