Divorce Legal Separation

A nullity of marriage, also known as an annulment or nullity of domestic partnership, is a process that invalidates a marriage or domestic partnership; the effect of annulment is that the relationship never legally existed. This is different from a divorce or domestic partnership dissolution, which dissolve or terminate a legally recognized relationship through court order.

If you are interested in seeking a marriage or partnership nullity, the attorneys at Creative Family Solutions, Cecil Cianci Law, PC can advise and represent you. Using our experience in this lesser-known area of family law, we can assess your situation, help you understand whether you qualify for nullity, and facilitate an effective legal solution that makes the most sense for you.

Why Seek A Nullity?

A nullity declares a marriage or domestic partnership invalid, but it is not granted automatically or easily. While many people associate annulments with religion, a nullity of marriage is a legal process that must be approved by a court based on specific criteria. A person will be granted a nullity of marriage or domestic partnership by a California judge for reasons including:

  • Bigamy or prior marriage or partnership: A marriage or domestic partnership is automatically illegal if one partner is already married or in a registered domestic partnership with someone else. Also, a nullity may be granted if a person's former spouse or domestic partner has been absent for five years and not known to be living.
  • Incest: A marriage or domestic partnership between close blood relatives is not legally valid.

A person may be granted a nullity of marriage or domestic partnership by a California judge for reasons including:

  • Age: A person can file for annulment if he or she was under the age of 18 at the time of the marriage or domestic partnership. However, there is a four-year statute of limitations.
  • Fraud: A person can file for annulment if he or she got married or entered a domestic partnership as a result of fraud or deception. Some green card marriages, for example, involve fraud.
  • Force: If force was used in influencing a person to get married or consent to a domestic partnership, he or she can file for annulment.
  • Unsound mind: This criterion can mean that a person enters a marriage or partnership without understanding the nature of the relationship. Developmental disability and mental illness are factors that can justify an annulment.
  • Physical incapacity: If one spouse is physically incapable of consummating a relationship, an annulment may be granted.

(Source: California courts website)

Contact Us Today

The attorneys at Creative Family Solutions, Cecil Cianci Law, PC can answer your questions about annulment and other challenging family law issues. Contact us online or call 916-756-4012 today to schedule a reduced-fee legal consultation.