Practice Area
Annulment or Nullity of Marriage – FAQs
- Do annulments also apply to domestic partnerships?
Yes. The same rules and procedures also apply to domestic partnerships in California. A domestic partnership can exist between same sex couples or senior couples having reached 62 years of age. A properly registered and valid domestic partnership will entitle the parties to the same right, protections, and benefits as married spouses.
- Is it better to seek an annulment if I have been married for a short time?
Yes. A large majority of annulments are granted to marriages that have lasted a few weeks or months. Given this short period of time, it is often easier to divide the assets and there will typically not yet be any children to complicate matters with issues of custody, support, or visitation rights.
- Can an annulment be granted based on “irreconcilable differences” like in a divorce proceeding?
No. An annulment requires specifically stated reasons based on actual conditions or circumstances that would render the marriage void or voidable.
- Does the length of the marriage determine whether or not I can get an annulment?
No. Although an annulment may be more complicated for longer marriages, it does not affect a party’s ability to seek an annulment.
- What is an example of fraud that can render a marriage voidable?
A marriage can be voidable if a party entered into the marriage for the sole purpose of obtaining a green card to remain in the United States and never intended to engage in sexual relations or assume other marital duties.
A marriage is also voidable if a party is knowingly sterile and unable to procreate, but conceals this fact from the other party when they entered into marriage.
- Can I seek an annulment if my spouse had concealed certain character traits from me before we married?
No. The concealment of “unattractive” traits such as unchastity, temper, idleness, extravagance, coldness or inadequate finances cannot be the basis for an annulment. Therefore, you cannot file for a judgment of nullity, for example, if you discover that your spouse is not actually a virgin or that he/she is not as wealthy as they may have led you to believe.
