Carlsbad Annulment Attorneys
Representing Couples in North San Diego County Since 2002
Filing for an annulment can be stressful and overwhelming, but you don’t have to do it alone. At Burke & Domercq, we understand the emotional and personal nature of family law disputes. Whether you’re seeking to annul a marriage based on fraud, incapacity, or other grounds, our annulment attorneys are committed to protecting your rights at every step.
Since 2002, our firm has exclusively represented couples and families in Carlsbad and the surrounding areas, giving you peace of mind that your case is in trusted hands. Our goal is to help you move forward with confidence and clarity while safeguarding your best interests. Our nationally recognized advocates have decades of experience and a deep understanding of the annulment process in North San Diego County to pursue the favorable outcome you deserve.
If you’re preparing for an annulment in Carlsbad, put decades of experience on your side with Burke & Domercq. Call (760) 766-2284 to schedule a consultation.
What Is an Annulment?
In California, an annulment is a legal process that declares a marriage void or invalid. A marriage can only be annulled if it was never legally valid in the first place. To grant an annulment, the judge must issue a court order that declares the marriage never existed in the eyes of the law. After the annulment is finalized, both parties are considered to have been single and unmarried at all times.
Annulment vs. Divorce: What Is the Difference?
Understanding the legal distinction between a divorce and an annulment is critical. While a divorce legally terminates a marriage, an annulment treats the marriage as if it never existed based on specific legal grounds. Consulting a knowledgeable attorney is essential to choosing the best path for your unique circumstances.
What Are the Grounds for an Annulment in California?
To obtain an annulment, you must first establish that your marriage wasn’t legal from the start. A judge can only annul a marriage for specific reasons or “grounds” under Cal. Fam. Code § 2210. These include:
- Fraud or misrepresentation – If one spouse lied or concealed vital information before entering the marriage, the marriage may be annulled.
- Lack of consent – If one spouse was unable to freely and knowingly give consent due to being underage, coerced, or mentally impaired, the marriage may be annulled.
- Bigamy – If one spouse was already married to someone else when the marriage took place, the second marriage is considered invalid.
- Incest – A marriage between close relatives (such as siblings, cousins, parents, children, aunts, uncles, etc.) is prohibited in California.
- Physical incapacity – If one spouse is physically incapable of consummating the marriage due to a permanent condition, the other spouse may seek an annulment.
- Underage marriage – If one or both spouses were under the legal age of 18 at the time of marriage, the marriage can be annulled.
How Long Do I Have to File for an Annulment in California?
Couples are only eligible to request an annulment within certain timeframes. These are dependent on the cause or “ground” for the annulment. They include:
- Fraud – You must file within four years of discovering the fraud.
- Lack of consent – If you were underage when you entered the marriage, a guardian must file before you turn 18.
- Physical incapacity – You must file within four years of the marriage.
- Coercion – You must file within four years of the date the marriage was entered into.
Keep in mind that there is no statute of limitations for marriages involving bigamy and incest because they are already considered void under state law. Regardless of your legal circumstances, seeking swift counsel is paramount to filing your petition within the appropriate deadline.
Our Testimonials
Serving clients in Encinitas, Rancho Santa Fe, Oceanside and Vista and throughout North County San Diego.
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"Pierre is, without a doubt, the only attorney in Southern California I trust with any family law matter."Pierre and his staff, are without a doubt, the most effective and experienced law firm around. Pierre is known for attaining the clients desired results, and then some.- Ryan H.
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"Pierre Domercq is an outstanding communicator."I mostly just wanted an outside 3rd party like Pierre to assure me that I was on the right track and he gave me that assurance. Thank you Pierre.- Paul H.
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"They handled my case with a high degree of honest professionalism and attention to detail with as good of a result as could be expected in my case."Pierre has thorough knowledge of the law and he championed my case with determination and wisdom. He and his team treated me with kindness and saw me through one of the most difficult times in my life.- Lisa G.
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"I highly recommend Pierre Domercq. He has helped me twice with legal guidance. He is extremely personable, intelligent and dedicated to his clients."He has twice been able to steer me in a direction to avoid litigation. Not often you find and attorney with such ethics. Hopefully we never need his assistance again but if ever do, I know exactly where I would go.- Juan V.
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"I have been a client for 5 years and have full trust in the advice that Pierre provides me and he has never steered me wrong."Pierre is intelligent, quick, and always one step ahead! His staff are dedicated to the cases they are working on and always make me feel like I am a priority.- Melissa
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"Pierre and his team are impeccably professional. He helped increase the time with my kids and am forever grateful."His guidance is sound on all levels and although at times I did not like to hear the message, he was correct and based in logic and reality in difficult situations. He had phenomenal rapport with the family court system judges.- Jeremy R.
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"(Rebecca) was there to answer and assured me of the process."Pierre is a wonderful attorney and has an amazing staff that supports him! He helped me in my divorce and got me more than I could have asked for. He made sure I wasn’t taken advantage of and made me feel so comfortable through out the process.- J. B.
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"His skill as an attorney was impressive. Highly recommend."Pierre Domercq is an exceptional and skilled attorney. He provided sound counsel in my matter, and helped me to achieve my goals and a positive outcome.- Anjai P.
Meet Our Attorneys
Work With One Of The Most Skilled Family Law Firms In California
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