In order to adjudge a marriage or domestic partnership invalid, one must petition the court and seek an order for a legal annulment based on the allegation that the marriage/domestic partnership is “void” or “voidable.” This area of law is governed under the California Family Code Section 2200 et seq.
A “void” marriage is invalid and a nullity from the beginning. Though technically non-existent, it is still a good idea to seek a judgment of nullity from the family law courts. It will create less future problems and eliminate any doubt as to the marital status.
An invalid marriage from the beginning can be based on several factors ranging from:
- incest
- bigamy
- unlawfully contracted marriage (i.e. no marriage license)
However, as a matter of law and the degree of circumstances, there are certainly exceptions to the rule that can be discussed in detail with a compassionate attorney from Wallin & Klarich.
A “voidable” marriage is a valid marriage for all civil purposes until it is adjudged a nullity by the Family Law Courts. The basis for nullifying a “voidable” marriage include:
- a party being of unlawful age to consent
- a prior existing marriage
- unsound mind
- fraud
If you find yourself in these circumstances, seek the advice and representation of a competent and experienced Family Law Attorney from Wallin & Klarich. The skills of an experienced Family Law Attorney from Wallin & Klarich will go a long way, and you can make an appointment to speak with one about your case by calling 1-888-280-6839.
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