Annulments

Unlike a dissolution or legal separation case, a court filing to request a nullity (which most people call an annulment) requires an allegation of fault. In order for the judgment to be entered, the court must determine that the allegation has been proven, which is often difficult to establish. Generally, the Family Code says a nullity may be granted in case of fraud; pre-existing marriage; bigamous marriage; incestuous marriage; minority; unsound mind; force; or physical incapacity. Unfortunately for the courts, attorneys, and parties involved, there have been limited challenges to nullity cases and therefore not much analysis by the higher courts to guide the trial courts in how best to apply the law. There are also timelines involved during which you can request a judgment of nullity, so it's best to speak with an attorney right away if you want to know whether or not seeking a nullity is possible.

Feel free to give us a call to discuss your situation. At the Law Offices of Ernest A. Cardona we are ready to meet with you on short notice and we can take your calls during the workday, after 5:00 p.m., and on weekends. Call us today or contact us online.