Deciding to end a marriage is never an easy decision. Most people are familiar with the divorce process; however, in California, there is another way your marriage can be ended – through an annulment. While both processes have the same end result – that you are no longer married – the legal consequences of an annulment vs. divorce differ. While a divorce ends a legal marriage, an annulment proclaims that there was never a binding marriage. Each legal process has pros and cons that should be considered based on the circumstances of your situation.
What is an Annulment?
When many people think of an annulment, they think of a religious one, but there is also a legal one. An annulment is when a judge declares in a court order that your marriage or domestic partnership is not legally valid. Civil (or divorce) courts are solely concerned with a legal annulment and the church can only grant religious annulments. An annulment means that there was something legally wrong with your marriage from the start. When you obtain an annulment, it is like your marriage never happened since it was never legal. Unlike divorce in California, you must provide a reason why your marriage was not legal from the start. There is a statute of limitations on most annulments, meaning that if you are married for more than x amount of years – you can no longer receive an annulment. However, there are two reasons a court will automatically grant an annulment regardless of the statute of limitations:
- Incest: When two spouses are close blood relatives.
- Bigamy: When one spouse was previously married and knowingly entered into a second marriage (which is illegal in the state of California).
Other reasons for annulment:
- Fraud: A spouse committed fraud to induce the other spouse to marry.
- Forced into Marriage: One spouse You were forced into the marriage
- Unsound mind: At the time of marriage, one or both spouses had a mental condition (this includes being severely intoxicated)
- Incurable Physical Incapacity: For example, if one spouse is unable to consummate the marriage
What are the Pros and Cons of Annulment:
Aside from needing to prove the marriage was legally wrong, annulment has other factors that differ from divorce. In an annulment, you do not need to meet the divorce residency requirement or have a waiting. In order to get a divorce in California, you must reside in the state for at least 6 months. You must also wait 6 months after filing for divorce before going through with it. In an annulment, you do not need to meet the divorce residency requirement or have a waiting. However, there are downsides to obtaining an annulment versus a divorce. For example, if one is getting a divorce in California the judge will divide the property 50/50 unless there is a prenup. In an annulment, a judge can only divide property if one of the spouses was under the assumption that the marriage was legal, also known as the putative spouse. This also applies to spousal support. Unlike in a divorce, spousal support is only granted if there is a putative spouse and this spouse requests the support.
Deciding to end a marriage is a difficult decision, and having to navigate whether an annulment or divorce is the course of action only adds to this challenge. The legal team at Schoenberg Family Law Group has experience helping clients maneuver the end of a marriage. Seeking legal counsel can help you understand and work through the complexities of annulment and divorce and choose the right path for terminating your marriage.