An Annulment voids the marriage as if it never took place. The similarity between an Annulment and a Divorce is that at the end of both processes, the parties can remarry. However, that’s where the similarities end. Divorce in California does NOT require grounds. Annulment in California DOES require grounds.

‘Grounds for Annulment’ means that there has to be legal reasons, approved by the California courts, for Annulment. If it is determined that there are no grounds for Annulment, the parties would have the choice to stay married, divorce or legally separate.
The attorney can determine if grounds for Annulment exist. Some of the grounds are:

  1. Bigamy i.e. one party was married and not divorced when marrying another.
  2. Fraud that goes to the heart of the marriage e.g. one party marries another for immigration reasons.
  3. Incest i.e. the marriage of close family members
  4. Minor i.e. person under age marries without parental consent
  5. Unsound mind i.e. person does not understand the marriage contract or its obligations
  6. Force i.e. the consent to marry was obtained by force
  7. Physical incapacity i.e. unable to consummate the marriage

It is best to discuss these grounds with the attorney to determine if these or others apply to your circumstance. In this regard legal advice is most important. Those who file for Annulment without consulting with an attorney may find that the Annulment is rejected and they will have to pay an extra filing fee if they wish to file for divorce.

For more information, contact Legal Action Workshop @ 800-HELP-444 (800-435-7444) or visit our website @ .

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