A nullity (formerly called annulment) is a process of obtaining an Order that the marriage never existed, and restores the parties to single status. The grounds for nullity are more complicated than for a dissolution proceeding and are stated in California Family Code. The grounds are:

· Incestuous marriage
· Bigamous marriage
· Petitioner’s age when married
· Prior existing marriage
· Unsound mind
· Fraud
· Force
· Physical incapacity

In the annulment process, the court can provide for orders regarding child, support and property. Unlike in a dissolution or legal separation proceeding, however, formal testimony is required and there is a court hearing. At this hearing the Petitioner will need to explain to the court their reasons and legal basis for seeking an annulment of their marriage. A hearing can take place no earlier than 31 days following the date of service of the Summons and Petition on the other party. At the hearing, if the court approves the grounds for the annulment, a Judgment of nullity will be immediately granted, restoring the parties’ to “single status” and permitting a person to immediately remarry after the hearing. There is no six month waiting period.



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