Helping Bakersfield, Wasco, Arvin, Tehachapi and surrounding areas for Several Years
Bakersfield Annulment and Divorce Attorney
Seeking to Annul Your Marriage? Contact The Law Offices of Jim Canaday Today!
If you have been married, and you’ve come to realize that the marriage was a mistake based on facts that weren’t necessarily true, then you may be able to obtain an annulment rather than endure a lengthy divorce proceeding. An annulment essentially declares the marriage null and void, while a divorce dissolves the marriage entirely. At Canaday Family Law, we have helped Kern County clients achieve the results that they need; find out Canaday Family Law can put our years of experience to work for your Kern County Annulment.
There are two basic categories for annulment in California:
- Void marriages
- Voidable marriages
A void marriage is not technically legal and is therefore automatically void by California law. Technically, a legitimate annulment is not required for these rare situations. Incestuous marriage is automatically null and void and is described in California as an ancestor and descendant, a brother and sister of either full or half blood, an uncle and a niece, or an aunt and a nephew. Void marriage is also when party has not legally been divorced prior to the new marriage.
There are several causes of voidable marriages according to California state law and it is important that you have legal assistance in pursuing annulment of marriage under any of the following grounds:
- Underage of consent – If either of the parties is under 18, then the signature and consent of either parent of the parties are required.
- Incapable of consent – Mental illness may render a person incapable of understanding the commitment that marriage requires.
- Impotency – The inability to consummate the marriage due to an incurable condition aside from mere sterility is another valid reason marriage can be considered voidable.
- Duress, force, or fraud – A marriage must be entered into both of the parties’ own free will and under no false pretenses.
- Incurable mental illness – A condition causing mental illness for five years or more will warrant an annulment.
How Long Do I Have to Annul My Marriage?
In the state of California, the time limit varies depending on the situation at hand. If you base your annulment on physical incapacity, age, or force, you have a specific period to file an annulment.