Annulment


At the Law Offices of Robert J. Nachshin, seeking an annulment in Los Angeles on a client’s behalf is a process that is always carefully and delicately handled.

In terms of definition, annulment is a way of terminating a marriage though it is different from divorce and separation. Obtaining an annulment is verification that the marriage was not legally valid, because in the eyes of the court, it declares that the marriage never took place. Those who file for a nullity of marriage must have sufficient grounds to do so. Though an annulment is rarely granted there are grounds on which one may be obtained.

Grounds for annulment typically involve one party’s lack of capacity for marriage or some type of fraud. One grounds for annulment is if a party had another living husband or wife at the time of the marriage (making the person bigamous). This is valid even if the other party to the marriage knew about the prior marriage. (In some cases a person may have been legally denied the right to remarry, in which case this becomes grounds for annulment.)

Grounds for annulment in Los Angeles, California and in many other states, may also involve one party being under the age of consent at the time of the marriage (and no parental consent given). Other grounds may also include being forced or threatened into marriage, mental incapacities at the time of marriage, temporary or permanent insanity, intoxication (drugs or alcohol) at the time of marriage, or marrying based on fraudulent statements or actions by the other party.

Fraudulent marriage is defined as one of the parties stating he/she never intended to be married, the marriage was sought to deceive the other party, or the marriage was for the purpose of gaining citizenship. Additional grounds may include impotency, incest and whether or not the marriage was ever consummated. In order for an annulment to be considered, the action must be presented to the courts within a specified time period. In some cases, this time period may begin when the party taking action learns of the factor that constitutes grounds for annulment.

The person filing for the nullity of marriage has the burden to prove that one of the conditions for nullity has been met. The court reserves the right to issue orders along with the annulment which may include the division of property, assignment of debts and support and custody.

The superb team of family law attorneys at The Law Offices of Robert J. Nachshin has handled numerous cases involving nullity of marriage.