Annulments

If you are seeking counsel in the San Jose, Santa Clara County, California area concerning an annulment (nullity), Ernest can help.

An annulment, known as a "nullity" in California law, is a court judgment that states a marriage was null and void. The legal effect is that the parties can thereafter state they were never married, though the court, as part of the process, can still treat the property of the parties as though they were legally married (quasi-marital property) and dispose of it or order allocation of assets and debts.

The issue of a nullity arises if any of the following has occurred, per Family Code § 2210:

A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage:

(a) The party who commences the proceeding or on whose behalf the proceeding is commenced was without the capability of consenting to the marriage as provided in Section 301 or 302, unless, after attaining the age of consent, the party for any time freely cohabited with the other as husband and wife.
(b) The husband or wife of either party was living and the marriage with that husband or wife was then in force and that husband or wife (1) was absent and not known to the party commencing the proceeding to be living for a period of five successive years immediately preceding the subsequent marriage for which the judgment of nullity is sought or (2) was generally reputed or believed by the party commencing the proceeding to be dead at the time the subsequent marriage was contracted.
(c) Either party was of unsound mind, unless the party of unsound mind, after coming to reason, freely cohabited with the other as husband and wife.
(d) The consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife.
(e) The consent of either party was obtained by force, unless the party whose consent was obtained by force afterwards freely cohabited with the other as husband or wife.
(f) Either party was, at the time of marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable.

One major difference between the nullity process and the divorce (dissolution) or legal separation process is that in a nullity case the party seeking a nullity must prove fault in one of several categories. Generally, many nullity cases use the issue of fraud to establish their right to nullify the marriage, but this is not always easy to prove. If you are unsure whether or not seeking a nullity is right for you, contact Ernest for counsel and advice about your particular situation.

Our goal is to work toward a fair resolution of your concerns, with a very responsive, compassionate and competent approach to the process, whether in court or negotiated outside court. We are as aggressive as necessary but we have a firm commitment not to over-litigate our clients' cases and do as much as possible to seek an early, equitable conclusion in all matters.

Contact us online or Call Us at (408) 279-1100 for a free phone consultation to discuss matters concerning annulments (nullities).

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