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California law states that you have 4 years to file for annulment if the reasons are due to physical incapacity, age, or by force. For example, if one partner was under the age of 18 upon entering the marriage or domestic partnership, then they will have 4 years to file annulment.
You cannot simply challenge an annulment by telling the court that you wish to remain married. Rather, you are challenging the material representations made by the petitioner. For example, if the grounds for annulment are listed as fraud in the petition, you will need to argue that the fraud never occurred.
While a divorce terminates a legal marriage, an annulment means that the marriage never legally existed in the first place.Since these marriages were never valid at all, you can usually annul such marriages at any point in time as long as both you and your spouse are living.
File an Answer only. An "Answer" tells the judge and your spouse what parts of the complaint you agree with and disagree with. File an Answer with a Counterclaim.
However, sometimes annulments are denied, leaving you with little in the way of options. If your annulment is denied, you will have to go through the divorce process if you no longer want your marriage to be void. There are many reasons why your annulment may be denied.
It was not consummated - you have not had sexual intercourse with the person you married since the wedding (does not apply for same sex couples) you did not properly consent to the marriage - for example you were forced into it.
The Decree of Annulment. The Decree of Annulment is the final order that includes all the terms of the annulment.If both parties are signing the Decree: The Decree of Annulment must include all of the agreements between you and your spouse. You both must sign the Decree of Annulment.
If either party is aggrieved by the decision, he or she is asked to contact the Judge in writing within three weeks to add his/her personal appeal. The Judge will then forward this request to the Court of Appeals.
A marriage can be annulled only when the law concludes that your marriage was void or voidable. In order to make that determination, it's crucial to examine the circumstances surrounding the marriage.