Santa Rosa Annulment Lawyer

Santa Rosa Annulment Attorney

Marriage is a celebration, but some celebrations are short-lived. An annulment is one way in which couples can dissolve a marriage if there are specific complications, such as the marriage’s invalidity or because it is a voidable marriage. The process is completed through the legal system by petitioning the court with the help of a Santa Rosa annulment lawyer. This process applies to some marriages as well as domestic partnerships.

At the Carroll Law Office, our team has decades of combined experience in helping clients navigate the difficulties of dissolving a marriage, including annulments. Annulments, in particular, need to be handled delicately. Our attorneys use compassion and empathy in each of our cases. Our client’s needs come first, and we work hard to help you reach the outcome you deserve.

What Types of Marriages Can Be Annulled?

Annulments are one of the ways that people can seek to dissolve a marriage. Under an annulment, the marriage is considered to have never existed. However, only certain marriages can qualify for annulment. There are two types of marriages that can be annulled. They are considered to be those that are void or are considered voidable.

If a marriage is considered void, the grounds upon which the marriage was initiated are said to be illegal. Common incidents that could deem a marriage void are:

• Incest: When a marriage exists between family members of certain relationships, the marriage is considered to have never been legal. These types of relationships include those between a parent and their child, descendants and their ancestors, siblings (whether considered half or full), and between aunts and uncles and their nieces or nephews.
• Bigamy: If either you or your spouse is already in an existing marriage at the time of your marriage, then your marriage is not valid. However, the exceptions to this law include:
  • You are unaware of your original spouse’s whereabouts and have had no contact for a period of five years.
  • Your previous spouse is considered to be deceased.

  These exceptions do not apply to both spouses, only the one who was considered deserted.

• Unlawfully Contracted Marriage: Any reason that would not legally bind the marriage could be grounds to void it. This includes marriages where the spouses fail to obtain a proper marriage license.

The other type of marriage that could qualify for annulment is one that is voidable. Under this condition, marriages that are technically valid could still be annulled for any of the following reasons:

• Minority: If one spouse in the marriage is under the age of 18 and does not receive parental consent to marry, then the marriage could be voided. However, if that individual turns 18 and freely stays in the marriage, then it would no longer qualify for an annulment.
• Unsound Mind or Body: All marriages must exist of the free choice of the two individuals involved. If the marriage occurs where either spouse is not of sound mind or body, the marriage could be voided. This means that, if someone cannot understand the marriage contract or if one spouse is unable to consummate the marriage due to a physical limitation, the marriage could be voided. Marrying under the influence of alcohol could also qualify.
• Fraud or Force: Consent in a marriage is a key factor in its validity. If consent to marry was not given willingly by both parties, or one party was coerced or convinced to wed under false pretenses, then the marriage could be voided. If, however, either spouse becomes aware of this fraud and remains in the marriage, they will lose the right to have the marriage annulled.

While these do not represent all the conditions for which an annulment could occur, they do represent the most common. An annulment should be discussed with an attorney, who can review your case to see if you qualify. If you qualify, you can submit a petition for annulment. However, as the petitioner, you have the burden of proof to present in your case and prove that your marriage was void or voidable.

Santa Rosa Annulment FAQs

Q: What Are the Most Common Grounds for Annulment?

A: A marriage can only be annulled if it meets the criteria to do so. To qualify, it must be proven that a marriage is void from the start or is voidable. Examples of marriages that are void include incestuous ones or those that result in bigamy. Marriages that are voidable include those where:

• It was initiated under fraudulent or forceful circumstances.
• One spouse is not of sound mind or body.
• Either spouse is under the age of 18 without parental consent.

Q: How Do I Get an Annulment in Sant Rosa, California?

A: The annulment process begins with hiring an attorney who can help you navigate the legal complexities involved. Next, with your attorney, you will fill out the appropriate paperwork to petition the court for an annulment. After filling out the forms, but before filing them at the clerk’s office, ensure that you have copies and records. Your spouse will then be served, at which point they have 30 days to respond.

Q: What Is the Time Limit to Get an Annulment in Santa Rosa, CA

A: Annulments are based not only on whether the Santa Rosa, CA, marriage is void or voidable. They must also be done within a specific timeframe. Unless it is illegal, the longer the marriage lasts, the more the court will determine that the facts creating a voidable marriage are acceptable to both parties. To file a petition for annulment, either spouse must do so within four years of the marriage.

Q: Can You Get an Annulment Without the Other Person in California?

A: From the time that your spouse is served with the notification that you have filed for an annulment, they will have 30 days to respond. If they fail to do so, you are still allowed to move forward without them. Your attorney can help you secure a court date. The judge will then review the facts of the case and determine if your marriage qualifies for an annulment.

Santa Rosa Annulment Lawyer and Law Firm

Not every marriage will last, but some marriages should never have occurred in the first place. If you are in a situation in which your marriage is void or voidable, and you believe that you qualify for an annulment, speak with an attorney from the Carroll Law Office. Let our team help you find an amicable end to your marriage. Whether dissolving your marriage through annulment, divorce, or legal separation, we can help.  Contact our offices today.