What are the Grounds for Having a Marriage Annulled?

For most people who decide they no longer wish to be married, divorce is the best and only option to end the union. Divorce does not undo the marriage or declare it was invalid. It formally dissolves the union, making it possible to divide up property and assets through negotiation or in a court of law. Annulment is another option, but it is available only in a limited number of situations. Annulment declares that the marriage is invalid so it is as if it never occurred.  

There are specific grounds for having a marriage annulled, so it is important to determine if you can qualify if you wish to have your marriage declared to be invalid. An Irvine, CA family law attorney at Brown & Charbonneau, LLP can provide assistance pursuing an annulment.  Call today to schedule a consultation and learn more about your options for having a marriage dissolved.

What are the Grounds for Having a Marriage Annulled?

There are several different grounds for having a marriage annulled.  In two instances, the marriage is automatically considered invalid and will always be annulled.  A marriage is automatically considered invalid if:

• The relationship is incestuous and the couple who was married is closely related by blood, such as a marriage between siblings.
• Either or both of the spouses was already married to someone else at the time when the new marriage occurred. Bigamy is not legal in the United States and a marriage that takes place when you are already married can be annulled.

There are also some grounds for having a marriage annulled that can result in a marriage being declared invalid but that do not always result in this occurring. Examples of these grounds for having a marriage annulled include:

• The party who is seeking the annulment was under the age of 18 at the time when the couple wed.
• Either of the spouses who entered into the marriage did so under duress or was forced into the marriage.
• One or both spouses was unable to consummate the marriage at the time when the wedding occurred and this incapacity is persistent and incurable.
• One or both of the spouses was not of sound mind at the time when the marriage took place.
• One or both of the spouses entered into the marriage as a result of fraud or material misrepresentation.

If any of these grounds for having a marriage annulled exist, it is possible to move forward with a legal annulment to dissolve the union. When an annulment is granted, it will be declared that the marriage was not a legitimate one and it will be just as if the couple had not ever married at all.

An Irvine, CA family law attorney can provide you with legal assistance in determining if you qualify for an annulment and can help you to move forward with having your marriage dissolved. Contact Brown & Charbonneau, LLP today to speak with an attorney who can help you to determine the best way to end your union.