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When is an annulment appropriate?

It is never easy to come to the decision to end your marriage, but you may not know that divorce is not necessarily your only option. In some cases, it may be appropriate to pursue an annulment. Ending a relationship through annulment in California is rather rare, but you may find it beneficial to learn more about this possibility.

Both annulments and divorces have the same goal, which is to end the marriage. However, while a divorce officially and legally ends the marriage, an annulment will make it as if it never existed. Some people prefer the option of an annulment because of religious or social reasons.

Who can get an annulment?

There are situations in which an annulment is the most appropriate option rather than a divorce. Most of the time, this is the case when a person ended up in a marriage that should never have taken place in the first place. Reasons for this include the following:

  • Misunderstanding: One of the most common misunderstandings that can result in an annulment is over the desire to have children at some point in the future.
  • Fraud: An annulment is possible when one spouse feels defrauded or misled by the spouse over a major issue, such as over the ability to have children or the reason for the marriage.
  • Lack of consent: If one or both parties lacked the mental capacity to legally consent, or there was coercion or force involved, it could be grounds to pursue an annulment.

Annulments are typically only possible for the above reasons, as well as impotency, misrepresentation or concealment. If you believe that you are a victim of any of these reasons, you could have grounds to have the marriage annulled instead of pursuing a divorce.

No matter the right choice for you, it is not one that you have to make alone. You have the right to fully explore your options and know your rights before you move forward.

Family law guidance

Making major decisions about your future and marriage is not easy. It can be both overwhelming and frustrating to navigate these issues on your own, and you may find it useful to have knowledgeable guidance as you work through these sensitive issues.

Whether you are eligible for divorce or can seek an annulment, you would be wise to take measures to ensure that you make decisions that are beneficial and allow you to have a strong, prosperous future.

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NIVEN & NIVEN Attorneys at Law
17821 17th Street
Suite 190
Tustin, CA 92780-2176

Phone: 714-602-5808
Phone: 714-602-5808
Fax: 714-978-7330
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