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In California family law, nullity refers to the legal process of declaring a marriage or domestic partnership void or invalid. This is different from a divorce because, in a nullity case, the marriage is treated as if it never legally existed. In essence, the court recognizes that the marriage was legally invalid from the beginning, rather than simply dissolving it.

Grounds for Nullity in California

Under California law, a marriage or domestic partnership can be annulled for specific reasons. These reasons are listed in the California Family Code and include the following:

  1. Incest (Family Code Section 2200):
    • A marriage or domestic partnership is void if the parties are closely related by blood, such as siblings, parent and child, or half-siblings.
    • This also includes marriages between a person and a close blood relative, even if the parties are unaware of their relationship.
  2. Bigamy (Family Code Section 2201):
    • A marriage is void if one of the spouses was already married to someone else at the time of the marriage. In other words, if either party is already legally married to another person, the second marriage is invalid.
  3. Lack of Consent (Family Code Section 2202):
    • A marriage or domestic partnership can be annulled if one party was not able to consent due to factors such as incapacity, mental illness, or intoxication. If one party was forced into the marriage (through fraud, coercion, or duress), the marriage can also be annulled.
  4. Underage Marriage (Family Code Section 2201):
    • If either party was under the legal age of consent for marriage and did not obtain the proper legal permissions, the marriage may be void. In California, individuals must be at least 18 years old to marry without parental or court consent.
  5. Fraud or Misrepresentation (Family Code Section 2210):
    • A marriage or domestic partnership can be annulled if it was entered into based on fraud or misrepresentation. This may include situations where one party lied about essential aspects, such as sexual orientation, desire for children, financial status, or health conditions that would have affected the other person’s decision to marry.
  6. Force or Duress (Family Code Section 2210):
    • If one party was coerced or forced into the marriage against their will, it may be eligible for annulment. This includes cases where someone is physically or emotionally pressured into getting married.
  7. Inability to Consummate the Marriage (Family Code Section 2210):
    • If one party is unable to consummate the marriage (e.g., due to a physical condition or disability) and this inability existed before the marriage, the marriage may be annulled. However, this reason may not apply if both parties are aware of the condition and still choose to marry.

Nullity vs. Divorce

The main difference between nullity and divorce is that:

  • Nullity treats the marriage as if it never happened.
  • Divorce (or dissolution) acknowledges that a valid marriage existed but that the parties are now choosing to end it.

Steps to Seek a Nullity in California

To seek a nullity of marriage in California, the petitioner must file a petition for nullity with the court, which includes the grounds for the annulment. The procedure is similar to filing for a divorce but involves declaring that the marriage was never valid.

  1. Filing the Petition:
    • The individual seeking the annulment must file a Petition for Nullity of Marriage (Form FL-100) and submit it to the family court in the county where they reside.
  2. Serving the Other Party:
    • The petition must be served to the other spouse, just like in a divorce case. If the other party agrees to the annulment, the process can be faster. If the other party contests the annulment, it may involve a more prolonged legal process.
  3. Court Hearing:
    • If the nullity petition is not contested, the court may grant the annulment without a hearing. If contested, a hearing may be scheduled where the parties can present evidence to support or contest the grounds for annulment.
  4. Financial and Custody Issues:
    • Even though the marriage is being annulled, issues like property division, spousal support, and child custody (if applicable) may still need to be addressed. The court will apply standard divorce procedures for these issues, though the nullity does not recognize the marriage as valid.
  5. Granting the Nullity:
    • If the court grants the annulment, it issues a judgment of nullity that declares the marriage or domestic partnership void. This judgment has the same effect as a divorce with respect to property division, child custody, and spousal support.

Effects of Nullity

  • Marriage Is Treated as Void: The marriage is treated as if it never legally existed, and neither spouse has the legal rights of a spouse (such as inheritance rights or benefits).
  • Property Division: Even in the case of a nullity, California’s community property laws may apply, and property acquired during the marriage may be divided. The court will determine how to divide assets and debts, similar to a divorce case.
  • Spousal Support: In some cases, one spouse may be awarded spousal support despite the marriage being declared void. However, this is often less likely than in a divorce case.
  • Children: If there are children from the marriage, custody and child support issues will still need to be addressed. A nullity does not affect the legitimacy of the children, and they are still considered the legal children of both parents.

Time Limits for Seeking a Nullity

There are specific time limits within which a nullity of marriage must be requested:

  • For fraud, duress, or force, the annulment must be filed within four years of discovering the fraud or the coercion.
  • For incapacity or inability to consummate the marriage, the annulment must be requested within four years from the date of the marriage.
  • If one party is underage, the annulment can be sought within four years of reaching the age of 18.

Conclusion

A nullity of marriage in California is a legal procedure to declare a marriage or domestic partnership invalid from the start. It is available in situations where the marriage was based on fraud, force, incapacity, incest, bigamy, or other specific legal grounds. Nullity differs from divorce in that it treats the marriage as though it never existed. However, despite the marriage being invalid, issues like property division, spousal support, and child custody may still need to be addressed.

If you are considering a nullity action in California, it is important to consult with a qualified family law attorney to understand the grounds, process, and potential consequences of seeking an annulment.

Visit: https://inlandempirelitigation.com/

Post Author: lawofficesofjamesrdickinson