San Bernardino & Riverside Annulment Attorney

The San Bernardino/Riverside Family Law Office of Michael R. Young, APC has been successfully helping people obtain annulments, dissolution of marriage orders, spousal support orders, child support orders, restraining orders and more for several years.  As a leading San Bernardino/Riverside family law attorney, Michael R. Young will provide you with the legal representation you deserve.

Annulment Overview
First off, it is important to understand that a marriage that is considered to be “void” is one that is never even recognized as a legal marriage in the state of California.  For example, an incestuous or bigamous union would be considered a void marriage.  It should be noted that even if a marriage is a void marriage, one still needs to obtain a nullity decree reflecting that the marriage was void before one can remarry.  A “voidable” marriage, on the other hand, is a legal marriage that can be annulled with the filing for a decree of nullity if certain conditions are present.  Note that even lengthy marriages can be annulled when a basis for nullity is present.  On the other hand, some marriages that last only a few days require a dissolution (divorce) because no “voidable” reasons are present.  The bottom line is that an annulment is obtained based on the theory that certain conditions existed at the time of the marriage and a valid marriage never even really occurred.

Reasons for a California Annulment
There are a number of reasons that a person can file for an annulment (nullity decree).  Following are the more frequent reasons:

• Physical Incapacity -- (CA Fam § 2210(f)) If either party was “physically” incapable (unable to engage in normal copulation) when he or she entered into the marriage and such incapacity appears to be incurable, then an annulment can be obtained.
• Fraud -- (CA Fam § 2210(d)) If a marriage was entered into fraudulently and the defrauded party was unaware of the fraud, then an annulment can be obtained.  However, if the defrauded party became aware of the fraud and freely cohabited with the other party, then a dissolution proceeding would be required in order to terminate the marriage.  It is important to note that the fraud commitment must have been “vital to the relationship” and had a direct affect on the marriage.  Examples of such fraud include concealing an existing pregnancy or sterility, never having the intent to consummate the marriage, or never intending to end a sexual relationship with another party.
• One or Both Parties is Not of Legal Age -- (CA Fam § 2210(a)) An annulment can be obtained when one or both parties was under the age of lawful consent (18 years) and failed to obtain the required parental or court consent.  However, if the underage party becomes 18 during the course of the marriage and “freely cohabitates with the other party as husband or wife,” then an annulment cannot be obtained in order to terminate the marriage.  

Annulments are not always easy to obtain and nullity causes of actions are often subject to certain Statutes of Limitations.  In addition, if children are involved in the union, parentage will need to be established and the matter becomes more complex.  As with most family law matters, it is always prudent to consult with a skilled family law attorney before trying to handle things on one’s own.  Annulments can be complex and a knowledgeable family law attorney can help to ensure that the desired result is obtained.  For more information on annulments, please contact the San Bernardino/Riverside Family Law Office of Michael R. Young, APC today!