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What is the statue of limitations for annulment in california?

San Francisco, CA |
Filed under: Annulment of marriage

Married in 'jest' - with a stranger- who went back to Europe 3 days later - and never heard from again-
It has been 20 years and I now wish to marry but find this is still legal in Nevada-
I am in California and wish to annull- I found my spouse and she agrees-Do I have to get a divorce due to the time- we never lived together-there are no children or property. It was consumated.

Attorney Answers 1

Posted

The statute depends on the reasons, as follows:

Age at the time of marriage or domestic partnership: The person who married or entered into a domestic partnership while under 18 must file for annulment within 4 years after reaching 18. (A parent or guardian of the minor can ask for an annulment while the minor is still under 18.)

Prior existing marriage or domestic partnership: An annulment in this case can be filed by either party as long as both parties to the current marriage/partnership are alive, or by the prior existing spouse or domestic partner.

Unsound mind: An annulment in this case can be filed by the party claiming that his or her spouse or domestic partner is of unsound mind, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.

Fraud: An annulment on grounds of fraud can only be filed by the person who was deceived. It must be filed within 4 years of discovering the fraud.

Force: An annulment on grounds of force can only be filed by the person who was forced to give consent. It must be filed within 4 years of getting married or registering the domestic partnership.

Physical incapacity: An annulment in this case can be filed by the party claiming that his or her spouse or domestic partner is physically incapacitated. It must be filed within 4 years of getting married or registering the domestic partnership.
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