Costa Mesa Annulment Lawyer

What Qualifies for an Annulment?

Annulment is rarely granted, in part because of its very specific criteria. California’s 2023 marriage rate was 5.5 marriages for every 1,000 residents, and very few of those marriages are likely to be annulled. The 2023 national marriage dissolution rate was 2.4 out of 1,000.

Legally referred to as a nullity of marriage or domestic partnership, one common reason for annulment is a marriage between two people who are blood relatives. Marriages based on incest are considered invalid in California and can be voided for this reason. This includes most close relations like siblings, aunts and uncles, nephews and nieces, and half-siblings.

However, there are a few other potential grounds for annulment under California law. These occur if either spouse:

• Was under the age of 18 at the time of marriage
• Had a previously existing valid marriage or domestic partnership
• Was or is of unsound mind
• Entered into the marriage for fraudulent reasons
• Was forced into the marriage
• Has an incurable physical capacity to enter into or fulfill the duties of a marriage

Determining whether your relationship qualifies for annulment can be challenging, and bringing the evidence to back it up even more so. You should hire an annulment lawyer to determine the facts of your case and create a plan for your next steps.

Annulment vs. Divorce

While both result in the dissolution of a marriage, annulment and divorce are distinct processes with important legal ramifications. A divorce dissolves a valid marriage. This is a lengthy process that often involves negotiating on both sides. Divorces can:

• Include stipulations for child support and custody
• Create agreements for the splitting of assets
• Legally dissolve a valid marriage
• Allow you to enter a second marriage once all proceedings have finished

In contrast, annulment applies retroactively. Rather than dissolving a valid marriage, it declares the marriage invalid from the start. Some annulments can also split and protect assets and create custody agreements for children, who are not considered invalid. Unlike a divorce, an annulment:

• Erases your marriage legally, as if you were never married
• Allows you to enter into another marriage as if it were your first
• Protects you from coerced, nonconsensual, or otherwise invalid marriages
• Remains on the public record even though the marriage is erased

The key difference between the two is that when you go through a divorce, your previous marriage remains legally valid. An annulment erases your previous marriage, giving you a sort of fresh start. They both result in a dissolved marriage, but the manner and effects of this dissolution are different.

Understanding the Annulment Process

In many cases, annulments are processed faster than divorces. Divorces are often quite subjective, involving many negotiations and legal arguments. Because grounds for annulment require objective proof, it is often faster to obtain that proof and move the process along.

When seeking annulment, you should start by confirming that you qualify for it. Either spouse can file for annulment. A Costa Mesa annulment lawyer can be an invaluable resource for making this determination. Even if you think you meet one of the above criteria, there could be a critical element you’ve overlooked.

Just as in the divorce process, you file for annulment and “serve” your spouse the required papers. The case must be heard before a judge, usually at the Costa Mesa Justice Complex on Harbor Boulevard.

Once the case has been heard, a final judgment can be issued. If the annulment is granted, the marriage can be declared invalid and erased, allowing you to move forward as if you had never married.

There can be a statute of limitations, or time limit, on filing for annulment. This limit depends on the grounds for your filing. Some reasons can be filed indefinitely, while others must be done within a certain time frame. Consult an experienced attorney for aid in understanding the limits that apply to your specific situation.

Hire an Annulment Lawyer for Guidance

Each annulment case is unique. The grounds for each annulment affect the evidence needed and the time frame you have to act.

If you’re seeking annulment, it’s likely out of necessity to get yourself out of a difficult situation. Don’t add more stress to your plate by trying to handle all the legal elements on your own. Instead, work with an annulment attorney who can get to know your case and help you:

• Determine if you qualify for annulment under California law
• Know what evidence you need and prepare it
• Understand how to file for annulment
• Represent you each step of the way, from filing and serving to the court hearing and final judgment

Your Costa Mesa Annulment Attorney

The dedicated attorneys at the Law Offices of Lisa R. McCall understand the difficulty of leaving a marriage. They realize that what you need is a strong advocate who can get to know your needs and what you want out of the annulment process.

Each client’s story is their own and must be approached as such to build an effective case. Contact the Law Offices of Lisa R. McCall today to find out more about the kind of help you could receive in your case. We have helped numerous clients in Costa Mesa and the surrounding area in situations similar to yours, and we are ready to assist you, too.