Understanding Annulments and Bigamy in California

A Cautionary Tale: After discovering the truth, Sarah felt not just betrayed but financially burdened. She had contributed to household expenses, believing in the legitimacy of her marriage. Consulting with her attorney, she learned that she could file a lawsuit for financial damages due to the deception.

“I just found out… he’s still married. We’ve been living together for two years!”

This post explores the legal consequences of discovering that your spouse is still married to someone else, making your own marriage void under California law.

What is an Annulment?

• Annulment Defined: A court ruling that a marriage is legally void, as if it never happened. Learn more about annulments from California Courts: Annulment Information.
• Grounds for Annulment: Bigamy, fraud, coercion, lack of capacity, and incestuous relationships.
• Difference from Divorce: Annulments declare a marriage invalid from the start, while divorces end a valid marriage.

Void vs. Voidable Marriages

Void Marriage: Legally never existed. Examples include bigamy and incest. No legal action is needed to nullify it.

Voidable Marriage: Legally valid until one party seeks an annulment. Examples include fraud or duress, where a court must declare it void. Read more on Annulment vs. Divorce (Nolo).

Legal Process for Annulment in California

• File a Petition: Start by filing an annulment request with your local family court.
• Serve Your Spouse: Ensure your spouse is formally notified of the petition.
• Attend a Court Hearing: Present evidence supporting your grounds for annulment.
• Receive the Annulment Decree: If the judge agrees, the court will issue a final annulment order.

Common Misconceptions About Annulments

• Annulment Erases a Marriage: False. It declares the marriage legally invalid, but records still exist.
• You Need Spouse Consent: False. Annulments can be granted without your spouse’s agreement if you prove the grounds.
• Only for Short Marriages: False. Annulments can apply regardless of how long the marriage lasted.

Frequently Asked Questions (FAQs)

• Can you get an annulment without your spouse’s consent? Yes, the court can grant it if grounds are proven.
• How long do you have to file for an annulment in California? It depends on the grounds—for bigamy, there is no time limit.
• Can you get spousal support after an annulment? Generally no, but you may seek financial damages in a separate lawsuit.
• Do you need a lawyer for an annulment? It is highly recommended, especially if the other party disputes your claim.

Conclusion

Key Takeaway: Marriage is more than a ceremony. It’s a legal status—with legal consequences.

Call to Action: If you suspect your marriage is legally void, consult a family law attorney to understand your rights.