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Statute of Limitations for an Annulment


For those who are seeking the possibility of an annulment, it is important to understand that time is of the essence. There is a limit on when you can seek this possibility and failing to adhere to it may leave you with only the options of divorce or a legal separation. The deadline for filing this lawsuit is referred to as the statute of limitations. An annulment can be simpler than a divorce in some ways, but not everyone is eligible for it. For those who do have circumstances that validate annulling the marriage the statute of limitations can vary depending on the situation.

  • When a party is of unsound mind, the case can be filed at any point prior to the death of either spouse.
  • If there is a physical incapacity at the time of the marriage, it will need to be filed within four years from the time of the marriage or domestic partnership.
  • If force was used to enter into the marriage or domestic partnership, there will be four years from that time to file.
  • There will be four years to file after turning 18 for a spouse who was younger than 18 when they married.
  • If there is a prior marriage or domestic partnership then either party can file, as long as both individuals from the prior relationship are living or the former spouse can file.
  • Fraud is another case where an annulment can be sought and it should be filed within four years from the time of the marriage

Having your marriage annulled means that it was not valid to begin with. This can free you from many of the obligations or responsibilities that are faced in a divorce or legal separation. Work with our Roseville divorce attorney during this process or learn more by calling us at 916-745-8444.