The Statute of Limitations for an Annulment

What is a Restraining Order?
Temporary Conservatorship

A statute of limitations is a 'deadline' for filing a lawsuit. While divorces and separations don't have a statue of limitation, an annulment does and the deadline depends on your reasons for an annulment.

-Age: If one of the spouses or domestic partners was under the age of 18 when the marriage or domestic partnership was entered into, then you will have 4 years after the person's 18th birthday to file for an annulment. This can also be done by the minor's parent's or guardian if the person is still under the age of 18.

-Bigamy: As long as all parties to the current marriage/partnership are alive, the marriage or domestic partnership can be annulled by either party.

-Fraud: If a marriage or domestic partnership was entered into by fraudulant means, then the person who was defrauded has 4 years to file for an annulment after the fraud was realized.

-Force: The person who was forced into the marriage or domestic partnership has 4 years to file for an annulment from when the marriage or domestic partnership was entered.

-Insanity or unsound mind: Anytime before the death of either party, an annulment can be filed by the spouse or domestic partner who is claiming that their other half is of an unsound mind. Also, a relative or conservator of the person of an unsound mind can file for an annulment.

-Physical incapacity: Either party can file for an annulment in this case ,4 years after the marriage or domestic partnership was entered into.

In general, once the statute of limitations “runs out,” you can no longer file for an annulment. If you find yourself in this situation, do not procrastinate, contact the Orange County divorce/family law attorneys.

What is a Restraining Order?
Temporary Conservatorship

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