Annulment Attorney in Upland

California Nullity of Marriage: Determining the Right Path Before Filing

Divorce ends a marriage. An annulment does something different: it asks a court to declare that the marriage was never legally valid to begin with. Under California law, that distinction matters enormously, and not every marriage qualifies. Law Offices of Heidi H. Romeo, APLC works with clients in Upland and throughout the Inland Empire to determine whether their circumstances meet the state’s narrow grounds for nullity before charting the right legal path forward.

Heidi Romeo is a Certified Family Law Specialist, certified by the California State Bar Board of Legal Specialization. With over 27 years of family law practice, she brings that depth of experience to the annulment-versus-divorce question, helping clients in Upland, Ontario, Rancho Cucamonga, and the surrounding area avoid defaulting to whichever proceeding seems most familiar.

Determining whether your marriage qualifies for annulment requires a close look at the facts. Call (888) 880-8803 to discuss your situation with Law Offices of Heidi H. Romeo, APLC.

Void Marriages & Voidable Marriages Under California Law

California law recognizes two categories of marriages eligible for nullity. Identifying the correct category matters because it determines who can file, when they must file, and what evidence the court will require.

Void Marriages

A void marriage is invalid from the moment it occurred and requires no court action to be ineffective, though a Judgment of Nullity is still advisable. California Family Code sections 2200 and 2201 identify two types: incestuous marriages between close blood relatives and bigamous marriages where one spouse was already legally married to someone else at the time of the later marriage.

Voidable Marriages

Voidable marriages are legally valid until a court annuls them. California Family Code section 2210 lists the grounds:

• Underage marriage: One party was under 18 without court permission
• Prior existing marriage: A spouse was already married, with limited exceptions when the prior spouse had been absent and presumed dead for five or more years
• Unsound mind: One party lacked the mental capacity to consent
• Fraud: One party was induced into the marriage by fraud going to the heart of the marital relationship
• Force: Consent was obtained through duress or force
• Physical incapacity: One party had an incurable physical incapacity to consummate the marriage

How Annulment Differs From Divorce in California

Because an annulled marriage is treated as though it never existed, the standard California rules for dividing community property and awarding spousal support don’t automatically apply. Each party generally walks away with property held in their own name, which can work in a client’s favor or against it depending on the circumstances.

One important exception involves the putative spouse doctrine. A spouse who reasonably and genuinely believed the marriage was valid may ask a court to declare putative spouse status, allowing property division closer to what a divorcing couple would receive. Children born during a marriage that is later annulled remain legally legitimate under California law, though parentage and support orders may need to be addressed separately.

A Collaborative, Cost-Conscious Approach to Each Case

Law Offices of Heidi H. Romeo, APLC works closely with each client to develop a strategy suited to their individual situation. For annulment matters, that means honestly assessing whether a nullity petition is the right vehicle or whether divorce is the more practical route given the facts, the timeline, and the client’s goals. The firm resolves family law matters outside of court when that serves the client’s interests and provides aggressive courtroom representation when litigation becomes necessary.

Most clients come to the firm through referrals from prior clients, opposing parties, and local professionals, including psychologists and other family law attorneys. That track record reflects an emphasis on clear communication and genuine attention to each client’s circumstances.

Schedule a Free Consultation in Upland

Law Offices of Heidi H. Romeo, APLC offers a free initial consultation to help prospective clients understand whether their situation may qualify for a nullity of marriage under California law. Whether an annulment is the right answer depends entirely on the specific facts, and a judge will ultimately decide the outcome. The goal of that first conversation is to give you a clear-eyed assessment so you can move forward with confidence.

If you’re considering an annulment in Upland or the surrounding Inland Empire, call (888) 880-8803 to schedule your free consultation with Law Offices of Heidi H. Romeo, APLC.