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Seeking Annulment? Giving you the upper-hand during this difficult time.

San Bernardino Annulment Lawyers

Retain Counsel from Our San Bernardino Divorce Lawyers

It is important to understand that a marriage considered to be “void” is one that is never recognized as a legal marriage. For example, an incestuous or bigamous union would be considered a void marriage. It should be noted that even it is a void marriage, you will still need to obtain a nullity decree reflecting that the marriage was void before one can remarry. A “voidable” marriage, on the other hand, is a legal marriage that can be annulled with the filing for a decree of nullity if certain conditions are present.

The help of a skilled San Bernardino family law and divorce attorney is invaluable in cases such as these. The Law Office of Michael R. Young has been AV® rated by Martindale-Hubbell® due to our commitment to excellence and unwavering dedication to our clients. We have also been A+ rated by BBB and obtained a 10/10 “Superb” rating on Avvo, among other awards and recognitions. With over fifty years of collective experience, we can capably guide you through whatever circumstances you face.

Begin your case with a consultation. Give us a call now at (909) 315-4588.

Reasons for Getting an Annulment

Note that even marriages that have lasted a long time are able to be annulled when the criteria for nullity is presented. In other cases, short-lived marriages may need a formal dissolution (divorce) if no conditions for nullity are present. There are many reasons that a person can file for an annulment.

Frequent reasons for annulment include:

  • Physical Incapacity (CA Fam § 2210(f)) - If either party was “physically” incapable (unable to engage in normal copulation) when he or she entered into the marriage and such incapacity appears to be incurable, then an annulment can be obtained.
  • Fraud (CA Fam § 2210(d)) - If a marriage was entered into fraudulently and the defrauded party was unaware of the fraud, then an annulment can be obtained. However, if the defrauded party became aware of the fraud and freely cohabited with the other party, then a dissolution proceeding would be required in order to terminate the marriage. It is important to note that the fraud commitment must have been “vital to the relationship” and had a direct effect on the marriage. Examples of such fraud include concealing an existing pregnancy or sterility, never having the intent to consummate the marriage, or never intending to end a sexual relationship with another party.
  • One or Both Parties Are Not of Legal Age (CA Fam § 2210(a)) - An annulment can be obtained when one or both parties was under the age of lawful consent (18 years) and failed to obtain the required parental or court consent. However, if the underage party becomes 18 during the course of the marriage and “freely cohabitates with the other party as husband or wife,” then an annulment cannot be obtained in order to terminate the marriage.

Turn to Our Experienced Family Law Attorneys in San Bernardino

Annulments are not always easy to obtain and nullity causes of actions are often subject to certain Statutes of Limitations. In addition, if children are involved in the union, parentage will need to be established and the matter becomes more complex. As with most legal matters, it is always prudent to consult with a San Bernardino family law attorney.

Annulments can be complex; however, with the help of a knowledgeable lawyer, you can ensure that your rights and best interests are correctly advocated for. Contact us today for the representation you deserve.

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