An annulment is a legal declaration that a marriage never existed, that it was null and void from the beginning, that something at the start prevented the marriage from being valid. The difference between a divorce and an annulment is this: In a divorce a valid marriage is legally ended, while an annulment means that the “marriage” never existed in the first place.
At one time, courts could not make an award of alimony if an annulment was granted. Today many states permit the courts to award alimony and divide property much the same as if it a divorce was involved. A person has never been allowed to use an annulment to avoid his or her responsibilities toward a child born of the “marriage”.
If you or a loved one is in need of an expert family law attorney in Sacramento, call (916) 266-0188 to speak with Robert N. Kitay today. It is important to protect your legal rights.
Grounds for an Annulment: an underage party; an incestuous marriage; bigamy; and lack of mental competency. Sexual impotency or physical in inability to have sexual intercourse is reason for an annulment in most states, at least where the other person was not aware of it before marriage. Some states permit an annulment if one of the parties is a drug addict, a habitual criminal, or a prostitute. An annulment is available in some states if the woman was pregnant with another man’s child at the time of the marriage. Failure to comply with all the formalities of marriage (such as getting the blood test or marriage license) or remarrying before a previous divorce becomes final is also grounds for annulment.
If you or a loved one is in need of an expert family law lawyer in Sacramento, call (916) 266-0188 to speak with Robert N. Kitay today. It is important to protect your legal rights.
Fraud is sometimes a sufficient ground for annulment. Suppose a woman falsely tells her boyfriend that he has gotten her pregnant, and he marries her permanently out of a feeling of duty toward a nonexistent child. A court can annul the marriage because of the woman’s deception. (If she honestly but mistakenly believed she was pregnant, a court usually won’t grant an annulment when the truth becomes evident.) An example of deception that isn’t enough to annul a marriage: A man tells a woman that he is a multimillionaire, has a villa in Spain, a chateau on the French Riviera, and so on. They get married and she soon learns that he is in fact an assistant French-fry cook at a local fast-food restaurant and has no money. In the eyes of the law, she married the man for the love of him, not for the love of his money, so it shouldn’t make a difference how rich or poor he is. (Of course, she can file for a dissolution of marriage.)
In some cases, coercion or duress can be the basis for a court to grant an annulment. For example, if the bride’s father threatens to physically harm the groom if he doesn’t marry his daughter (a “shotgun” wedding), this is probably enough to get the marriage nullified.
If you or a loved one is in need of an expert family law attorney, call (916) 266-0188 to speak with Robert N. Kitay of a family law firm in Sacramento. It is important to protect your legal rights.
Law Office of Robert N. Kitay
2508 Garfield Avenue, Suite A
Carmichael CA 95608
Tel: (916) 266-0188
