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Most couples do not qualify for an annulment in lieu of divorce

| May 29, 2021 | Annulment

If your marriage is unhappy, a divorce or a legal separation may be your only option. As you may know, a divorce can be complicated with many different issues to work out between you and your spouse. Many California residents mistakenly believe that they can get an easy, hassle-free annulment instead of a divorce.

Our family law attorneys want to set the record straight for our Orange County neighbors. When you understand the process of ending your marriage, you have the best chance of getting through your breakup as quickly and as pain-free as possible.

When is annulment an option?

Contrary to common belief, annulments are not typically less complicated than divorces are in most cases. It might actually be harder to get an annulment because you must prove to a judge why it is necessary. With that said, few people qualify for an annulment. In California, legal grounds to annul or void marriages include the following.

  • When the parties are close blood relatives
  • When one party is legally married to another
  • When one party was under the age of consent (18 years) at the time of marriage
  • When either party did not understand the nature and the obligations of marriage (unsound mind)
  • When force or coercion led to the marriage

As we said before, you are required to produce proof that you qualify for an annulment. In situations involving bigamy or blood relatives, finding this proof may not be difficult. Other times, proof may be so elusive that getting a traditional divorce is the best course of action.

Our divorce attorneys recommend speaking with a legal professional about your circumstances. If you do qualify for an annulment, your lawyer can help you prove your case. If you do not qualify, you will already have a legal advocate to help you with a divorce.

You can find additional information about divorce and other family law matters by reviewing more of our blog and website.

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