Blogs by PROD: Eligible for an Annulment
Do you want access to this blog on "Blogs by PROD: Eligible for an Annulment?” Join our Facebook group “Legal Educational Material, Programs, and Community Support Group” if you want to see this blog, get legal answers, and much more. https://www.facebook.com/groups/660588451199619
IntroThe short answer; most likely no. An annulment is a legal means to declare a marriage null. An annulment is distinct from a normal divorce, because whereas a divorce brings a legal marriage to an end, an annulment is granted when the marriage itself is determined invalid/illegal and becomes void. For a marriage to be granted an annulment, there needs to be certain circumstances and those grounds for annulment need to have been present at the time the marriage took place. We will explain this further below.
AnnulmentsAnnulment is a legal concept that often gets misunderstood, which is in large part due to popular culture and religion presenting differing and often inaccurate views of what an annulment is in terms of family law. This article focuses on "civil annulments," not "religious annulments," which can be granted only by a church or clergy member.
For a civil annulment, there are a variety of factors that would necessitate an annulment. Though if you are coming to this blog asking yourself the titular question, the answer is no unless one of the following criteria apply (in CA);
The first would be in cases of incest. If the married parties are related by blood, the marriage can and should be made void.
The next would be bigamy or even polygamy. This means that one of the parties tries to get married again without ever legally divorcing their previous spouse. This is actually more common than you might think. While there are cases of people intentionally marrying multiple people, it is often by mistake or a misunderstanding of the necessary steps. For example, if you have a shotgun wedding in a different state and then separate after and lose track of your ‘spouse”, then try years later to remarry, you will find that original marriage haunting you.
You would not be able to annul the original marriage, though you could potentially get a default divorce if you file for it and cant locate the other party. You would however have to annul the second marriage if you went through with it. The reason you can just pick which to annul is because the grounds for annulment had to be present at the time of marriage. So in this instance, it wasnt bigamy at the time of the first marriage but it was obviously at the time of the second.
The next reason for an annulment could be that one of the parties was not 18 at the time of the marriage. If you are underage, you cannot legally marry in the state of California. There is a way to get around this though if the underage party got parental consent in the form of a court order. This would require a juvenile marriage license application, prior to the wedding not after.
“Incurable physical incapacity” can also be a reason for annulment. This generally means the man is inpotent and unable to have sexual relations. However it can apply if either spouse has a physical limitation that prevents them from ‘fruitful sex or child-rearing’. This can actually dip into the “lack of consummation” as a reason; because whether it is physical inability or just an adamant refusal to consummate the marriage with sexual intercourse, this can also be pertinent. This reasoning is less black and white than those above and is more grounds to petition for annulment.
Another legitimate reason for an annulment would be if either party was of unsound mind at the time of marriage. If either or both parties had some kind of mental limitation that prevented them from understanding the serious and binding nature of the marriage they were entering or from consenting to it, either spouse may petition for an annulment. So if you got married in Vegas while blackout drunk, this may be the best bet for you! All jokes aside though, this is one o