WHAT HAPPENS IN VEGAS, DOESN’T ALWAYS STAY IN VEGAS: OBTAINING AN ANNULMENT OF YOUR “SPONTANEOUS” MARRIAGE
So, you drove to Las Vegas on a whim to let off some steam for the weekend with your girlfriend of 2 months. You spent the day at the pool drinking margaritas, the early evening at a blackjack table drinking whiskey sours, and the late night at a club drinking long island iced teas. You think the night is over, but your gal pal turns to you and says, “I heard the wedding chapel at this hotel is open 24 hours.” Due to your advanced state of inebriation, which has clouded your better judgment, a light bulb goes off in your head and you say, “Let’s go.” The next morning you wake up with a cheap gold ring on your finger, and no, the woman lying next to you is not Britney Spears. Your first intelligent thought in two days is, “I wonder if my lawyer takes calls on Sundays?”
Lucky for you, California courts have the power to grant you an annulment for various reasons, one being that you were of unsound mind at the time you said, “I do.” If a court grants an annulment, your marriage or domestic partnership will be treated like it never existed. The parties will be restored to the status of unmarried individuals.
The petitioner (person who filed the action for nullity) will have the burden of proving that one of the below necessary conditions apply. A hearing before a judicial officer is required, in which evidence of one or more of the conditions must be presented.
To obtain an annulment, at least one of the following conditions must have existed at the time of marriage:
1. Incestuous marriage: the parties were biologically related
2. Bigamous/prior existing marriage: one of the parties was already married to another person
3. Petitioner was a minor: the petitioner was under the age of 18 and if the petitioner has since turned 18, the parties have not freely cohabitated together as husband and wife subsequent to the petitioner turning 18
4. Unsound mind: at least one party was of unsound mind and after that party came to reason, the parties did not freely cohabitate together as husband and wife
5. Fraud: consent of either party was obtained by fraud and after the fraud was discovered, the parties did not freely cohabitate together as husband and wife
6. Force: consent of either party was obtained by force and the parties did not freely cohabitate together as husband and wife
7. Physical incapacity: either party was physically incapable of consummating the marriage, that incapacity continues and appears to be incurable.
If an annulment is granted by the judicial officer, further orders concerning the division of assets and debts or child custody and visitation may be made.
Pros
1. No minimum residency requirement
2. No 6 month waiting period prior to finality of judgment
3. Legally, the marriage is treated like it never existed
4. Community property rights will not apply
Cons
1. Must prove grounds for nullity
2. Court appearance with testimony is mandatory
3. May be subject to time limitations
You will be more likely to obtain an annulment if you act quickly. A lengthy delay may make it impossible for you to obtain an annulment. Be sure to consult an attorney as early as possible to avoid running the risk of violating a statute of limitation.
Add comment May 29th, 2007
