Can I have my marriage annulled?
Full Question:
I was married June of 2006. I was wondering if I will be able to have the marriage annulled even though I added his last name to my maiden name.We have been together for 12 years and now that we are married it is not working out. Should I look into separation or annullment?
05/18/2007 |
Category: Divorce |
State: California |
#5200
Answer:
In order to obtain a 'nullity of marriage' or annulment in California, you must meet the requirements set forth in the relevant statutes provided below. If you do not meet these requirements, you could consider legal separation or divorce as an alternative to annulment.
§ 2210 Fam.
A marriage is voidable and may be adjudged a nullity if any of the
following conditions existed at the time of the marriage:
(a) The party who commences the proceeding or on whose behalf the
proceeding is commenced was without the capability of consenting to
the marriage as provided in Section 301 or 302, unless, after
attaining the age of consent, the party for any time freely cohabited
with the other as husband and wife.
(b) The husband or wife of either party was living and the marriage
with that husband or wife was then in force and that husband or wife
(1) was absent and not known to the party commencing the proceeding
to be living for a period of five successive years immediately
preceding the subsequent marriage for which the judgment of nullity
is sought or (2) was generally reputed or believed by the party
commencing the proceeding to be dead at the time the subsequent
marriage was contracted.
(c) Either party was of unsound mind, unless the party of unsound
mind, after coming to reason, freely cohabited with the other as
husband and wife.
(d) The consent of either party was obtained by fraud, unless the
party whose consent was obtained by fraud afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with
the other as husband or wife.
(e) The consent of either party was obtained by force, unless the
party whose consent was obtained by force afterwards freely cohabited
with the other as husband or wife.
(f) Either party was, at the time of marriage, physically incapable
of entering into the marriage state, and that incapacity continues,
and appears to be incurable.
§ 2211 Fam.
A proceeding to obtain a judgment of nullity of marriage, for
causes set forth in Section 2210, must be commenced within the
periods and by the parties, as follows:
(a) For causes mentioned in subdivision (a) of Section 2210, by any
of the following:
(1) The party to the marriage who was married under the age of
legal consent, within four years after arriving at the age of
consent.
(2) A parent, guardian, conservator, or other person having charge
of the underaged male or female, at any time before the married minor
has arrived at the age of legal consent.
(b) For causes mentioned in subdivision (b) of Section 2210, by
either of the following:
(1) Either party during the life of the other.
(2) The former husband or wife.
(c) For causes mentioned in subdivision (c) of Section 2210, by the
party injured, or by a relative or conservator of the party of
unsound mind, at any time before the death of either party.
(d) For causes mentioned in subdivision (d) of Section 2210, by the
party whose consent was obtained by fraud, within four years after
the discovery of the facts constituting the fraud.
(e) For causes mentioned in subdivision (e) of Section 2210, by the
party whose consent was obtained by force, within four years after
the marriage.
(f) For causes mentioned in subdivision (f) of Section 2210, by the
injured party, within four years after the marriage.
§ 2212 Fam.
(a) The effect of a judgment of nullity of marriage is to restore
the parties to the status of unmarried persons.
(b) A judgment of nullity of marriage is conclusive only as to the
parties to the proceeding and those claiming under them.
§ 2250 Fam.
(a) A proceeding based on void or voidable marriage is commenced by
filing a petition entitled "In re the marriage of ____ and ____"
which shall state that it is a petition for a judgment of nullity of
the marriage.
(b) A copy of the petition together with a copy of a summons in
form and content approved by the Judicial Council shall be served
upon the other party to the marriage in the same manner as service of
papers in civil actions generally.
§ 2251 Fam.
(a) If a determination is made that a marriage is void or voidable
and the court finds that either party or both parties believed in
good faith that the marriage was valid, the court shall:
(1) Declare the party or parties to have the status of a putative
spouse.
(2) If the division of property is in issue, divide, in accordance
with Division 7 (commencing with Section 2500), that property
acquired during the union which would have been community property or
quasi-community property if the union had not been void or voidable.
This property is known as "quasi-marital property".
(b) If the court expressly reserves jurisdiction, it may make the
property division at a time after the judgment.