Void vs. Voidable Marriages in LA –
The distinction between void and voidable marriages holds significant legal implications. At Hayat Family Law, a prominent family law firm in Los Angeles, we recognize the importance of comprehending these distinctions to guide our clients through the complexities of marital dissolution.
Void Marriages
A void marriage is one that is considered invalid from its inception, as if it never legally existed. In Los Angeles, there are specific circumstances that render a marriage void:
1. Bigamy
– If one party is already married at the time of entering into a second marriage, the subsequent marriage is void. Bigamy is a serious legal offense, and the second marriage is considered null and void.
2. Incestuous Marriages
– Marriages between close blood relatives, such as siblings or parents and children, are prohibited by law. Any such marriage is automatically considered void.
3. Mental Incapacity
– If one or both parties lack the mental capacity to understand the nature of the marriage, the union is void. Mental incapacity may result from severe mental illness or intellectual disability.
4. Underage Marriages
– In California, individuals under the age of 18 generally cannot enter into a valid marriage without parental consent. If an underage marriage occurs without proper authorization, it is void.
5. Duress or Fraud
– If one party is forced into the marriage under duress or if the marriage is based on fraudulent misrepresentations, it can be deemed void.
Voidable Marriages
A voidable marriage, on the other hand, is initially considered valid, but
certain conditions or circumstances allow one or both parties to seek an annulment. Unlike a void marriage, a voidable marriage remains valid until annulled by a court. Common grounds for voidable marriages in Los Angeles include:
1. Fraud
– Misrepresentation or fraud that goes to the heart of the marriage may render it voidable. This could include issues related to identity, financial status, or intentions to have children.
2. Lack of Consent
– If one party was coerced or pressured into the marriage, lacked the mental capacity to consent, or was incapacitated by drugs or alcohol at the time of the marriage, the marriage may be voidable.
3. Physical Incapacity
– A voidable marriage may result if one party is physically incapable of consummating the marriage, and the other party was unaware of this incapacity at the time of marriage.
4. Non-Consummation
– If the marriage has not been consummated and one party seeks an annulment on these grounds, the court may deem it voidable.
5. Infidelity or Adultery
– While infidelity or adultery is not grounds for a void marriage, it can be a basis for seeking an annulment if it leads to the discovery of fraud or lack of consent.
Legal Guidance for Navigating Void and Voidable Marriages
Navigating the complexities of void and voidable marriages requires legal expertise and a nuanced understanding of family law. At Hayat Family Law, our team of skilled family law attorneys in Los Angeles specializes in guiding clients through the intricacies of marital dissolution, including annulments based on void and voidable marriages.
Understanding the distinctions between void and voidable marriages is essential for those contemplating marital dissolution in Los Angeles. At Hayat Family Law, we are committed to providing comprehensive legal counsel, helping our clients navigate the legal nuances and complexities associated with void and voidable marriages. If you find yourself facing the prospect of annulment or dissolution, trust Hayat Family Law to be your reliable partner in achieving a fair and just resolution. Contact us to learn more.
