When someone enters into a marriage but does not want that marriage to be seen as valid, there is an option available to in effect wipe that marriage off of their record. This process is known as an annulment, and while this step is somewhat rare, it occurs often enough that people will need to make sure that they are providing a court with the proper justification for seeking this result. For those who find themselves in this position, help from an experienced San Diego annulment lawyer could be critically important. Below is a brief introduction to this process and how it works.
What is an Annulment?
An annulment is basically a legal step that, if completed properly, states that the marriage at issue never officially took place for some reason. This is much different than a California divorce, where the marriage is recognized officially and then it’s officially dissolved so that the parties can go their separate ways.
Why Seek an Annulment?
There are several reasons that people will seek an annulment, and the most common reason is that one or both of the party’s religious beliefs all but require that they avoid completing a divorce, as this could lead to problems within their chosen faith. In addition, there are financial and property division reasons that could be aided by an annulment instead of a full divorce.
What are the Grounds for an Annulment?
There are several different grounds for an annulment, and unlike divorce there must be a valid reason for the annulment to be granted. In California, there is no required reason for a divorce to be sought. Specifically, grounds for an annulment in California can include:
- Age of majority – If it turns out that one of the parties to a marriage was a minor and did not obtain proper permission from a guardian, that marriage may not be seen as valid, as a marriage is basically a contract to which only adults can enter.
- Unsound mind – If a party can prove that he or she was not mentally capable of agreeing to a marriage when it took place, it could lead to an annulment.
- Duress – If one party was basically coerced under the threat of force or in some other manner to agree to the marriage, it will likely be annulled by the court.
- Bigamy – If one of the parties was already married, he or she cannot enter into another marriage.
- Physical incapacity – If one of the parties is unable to engage in intercourse and the condition is not curable, the marriage could be voided.
How a San Diego Annulment Lawyer Can Help
The process of obtaining an annulment can be one that’s time-sensitive and complicated, so if you’d like to pursue this option, you need to seek the help of experienced San Diego annulment lawyers as soon as possible. Contact the Men’s Legal Center today to schedule an initial consultation.