Having a Marriage Declared Invalid
Unlike a divorce, annulment does not technically end a marriage, rather it essentially makes it as if the marriage never occurred. Obtaining an annulment can be much more difficult than a divorce. The grounds for annulment of a marriage are very specific and fairly unusual. Many people who initially come to us seeking an annulment find that it may not be a realistic option in their case.
An annulment is only possible under certain circumstances, such as:
- You discover your spouse is still married to another person (bigamy)
- You discover that you and your spouse are closely related
- One party was underage at the time of the wedding
- Physical or mental incapacity that renders the marriage invalid
- Any fraud that goes to the heart of the marriage
The length of a marriage has no impact on whether that marriage can be annulled. A two-day marriage that is legitimate will not be subject to an annulment. On the other hand, even a twenty-year marriage that was based on fraud may be annulled.
If you believe your marriage should be annulled, it is vitally important to discuss your case with an experienced attorney. Because annulment is so unusual — and because a divorce is often seen as an easier solution — it may be necessary to build a strong case as to why a divorce would not suffice rather than an annulment. We can give you the straightforward answers and knowledgeable guidance you need.
Contact Us
Call the San Jose law offices of Gemma V. Reyes, Attorney at Law, at 408-292-6289 or contact us by e-mail now to schedule an appointment to discuss your case with a California matrimonial lawyer who has more than 10 years of experience in the negotiation, mediation and litigation of complex cases.
