Do you believe your marriage is null and void because it was conducted without a license? Would you like us to file a Petition for Declaration of Nullity on your behalf?
If your answer is yes, you may have come to the right place. We will review your case to determine if you meet the requirements for a valid common law marriage, and then we will draft and file an appropriate Petition.
Request Your Consultation with one of our Experienced Attorneys: +1 (714) 491-2556
Contact the Attorneys at Alkam Law Offices today to discuss your options.
What Are the Grounds for Nullity of Marriage?
The nullity of marriage is defined in California Family Code, sections 2200 to 2218. Grounds for nullity include:
- At the marriage ceremony, one or both parties were under the age of consent (18), although they reached their majority.
- Either party was of unsound mind when the marriage was contracted.
- Either party was physically incapable of entering into the marriage state at the time of solemnization, or such incapacity continues and appears to be incurable.
- Either party lacked the mental capacity to understand the nature and consequences of a marital relationship due to a mental disorder or developmental or physical disability.
- Both parties could not consummate the marriage due to a lack of sexual relations because of impotence, physical incapacity, or mental incapacity.
- The consent of either party was obtained by fraud in that:
- (a) During the engagement period, either party concealed a material fact concerning his or her physical or mental health;
- (b) Before the marriage, either party concealed a fact concerning his or her financial condition which would influence an ordinary person’s choice of spouse; and
- (c) At the time of the marriage, either party was capable of giving consent but gave it due to duress, menace, fraud, or undue influence.
- One of the parties was married to someone else at the time of the marriage. In some jurisdictions, this is a basis for annulment and nullity of marriage.
- One of the parties is impotent (unless it is found that the other party was aware of this fact before marriage and gave consent to enter into marriage anyway).
- Either party has another spouse still living in the second marriage time.
- One or both parties entered the marriage relying on the other party’s fraudulent representation or misconduct.
The Marriage Annulment Process in California
If your marriage is not valid because it was entered into without a license, you may request it be declared null and void through a Petition for Declaration of Nullity.
After reviewing your case, we will determine if your marriage is voidable (i.e., if at the time when you married, one or both of you did not have the legal capacity to marry). If so, we will draft and file a Petition for the Declaration of Nullity. If your marriage is not voidable, it will be necessary to pursue another means of annulling it.
The step-by-step process looks like this:
- Consultation with an Attorney: The first step, in any case, is an initial consultation with one of our attorneys. The attorney will review your case and provide you with an estimate of the cost of your legal services.
- Signing Fee Agreement: After reviewing your case, if we agree to take on your matter, our attorneys will complete a fee agreement for you to sign.
- Preparation of Petition: If you are pursuing a Petition for Declaration of Nullity because you entered into your marriage without a license, we will prepare the Petition for you. If your case is not one of those for which a Petition is appropriate (e.g., lack of consent or proper form), we may recommend other options and/or refer your case to another attorney if necessary.
- Filing the Petition: We will file the petitions with the court, typically along with proof of service on your spouse.
- Response to Petition: If your spouse objects, he or she will file an answer (and possibly a counter-petition), and both parties may need to attend discovery depositions that are recorded but do not involve the taking of testimony under oath. You may also be asked to provide documents or other evidence to your spouse.
- Settlement Negotiations: If settlement negotiations fail, the matter will proceed to trial. The court may schedule a case management conference before trial in some cases.
- Trial: If there is no agreement, the matter will proceed to trial, where testimony is taken under oath and presented to a judge, who will decide.
Talk to Us About Your Case
If you need to know how we can help you, call us today at +1 (714) 491-2556 or send us a message through our website. We will schedule your initial consultation promptly and, after that represent your interests aggressively.
We look forward to speaking with you!