Most couples that want out of a marriage in California usually file for Divorce. There are circumstances though that allow a couple to have their marriage "voided" rather than "dissolved." With a voided marriage, it restores the couple to status of unmarried person as if they have never been married before. In a divorce, the couple would always be regarded to as having been married during the period of the marriage.

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Unlike Divorce which can be obtained regardless of the reason. Voiding a marriage may only be obtained based on certain grounds. It is void in cases of incest and bigamy. It is voidable in cases of minority, Unsound Mind, Fraud, Force, or Physical Incapacity. Marriages between parents, children, ancestors and descendants, brothers and sisters, half brothers and sisters, uncles and nieces, and aunts and nephews are incestuous and are void from the beginning. Bigamist marriages where either party was still married to another person when they entered the marriage are also void. It is best to obtain a Nullity Judgment to clarify the legal status of the parties under these circumstances.

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Certain situations do not necessarily make a marriage void but make it voidable at the parties’ option. One such circumstance is when a spouse was under 18 years old when married and the parents did not provide their consent. Another situation is a bigamist marriage where the first spouse has been absent and not known to be living for 5 years prior to the second marriage or if the party believed the spouse to be dead at the time of the second marriage. A marriage may be voided if either party was of unsound mind at the time of the marriage. Fraud is another ground for voiding a marriage where the false representation or concealment must relate to a substantive matter and directly affect the purpose of the party deceived in entering the marriage. Certain marriages that are entered into by force are voidable. A marriage where the spouse was found to be incapable of physically engaging in sexual intercourse may be voided.

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Before deciding whether a divorce is the appropriate avenue to end your marriage, parties should evaluate if a "Nullity" is a viable alternative that serves their best interest. We can discuss with you your options so that you can decide if divorce or an annulment is the best for you.