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San Diego Annulment Attorneys

Do You Need a San Diego Annulment Attorney?

Annulments are not granted as easily or frequently as divorces. To be successful, you must meet very specific legal criteria, and your request must be supported with appropriate evidence and documentation. Without experienced legal guidance, your petition could be delayed or denied.

At Mattis Law, A.P.C., we help clients in San Diego successfully manage annulment, divorce, and other difficult family law matters. If you're seeking to end your marriage and you believe annulment may apply, we can help determine the best course forward based on your situation.

Annulment might be the best course of action if:

  • You recently discovered information that would have affected your decision to marry.
  • You believe the marriage was never legally valid.
  • You’re unsure whether to pursue a divorce or annulment.
  • You want to avoid the legal implications that come with divorce (such as spousal support or division of property).
  • You need to protect your parental or financial rights as part of ending the relationship.

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Why Choose Us Over Other Annulment Lawyers in San Diego

At Mattis Law, A.P.C., we understand that these cases are deeply personal. Whether your marriage was the result of fraud, coercion, or a fundamental legal issue, we’re here to support you with sensitive legal counsel.

San Diego family law attorney Amelia J. Mattis is deeply committed to helping clients make informed decisions during these difficult transitions. Here’s what sets Mattis Law, A.P.C. apart:

  • Named one of the Top 10 Family Law Attorneys in California by the American Institute of Family Law Attorneys
  • Selected as one of the 10 Best Female Attorneys in California
  • Honored as Lawyer of the Year by the American Institute of Legal Professionals
  • Named to the Super Lawyers Rising Stars list for San Diego
  • Recognized among the Top 40 Under 40 in California by the American Academy of Attorneys
  • Selected by Expertise.com as one of the Best Divorce Lawyers in San Diego

Wondering If You Qualify for an Annulment?

Call (858) 328-4400 to speak with a San Diego attorney who can help you understand your legal options.

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What Is Annulment?

Annulment is a legal declaration that a marriage is void or voidable. That means the marriage either never legally existed under California law, or was never valid to begin with. Once granted, an annulment treats the marriage as if it never happened.

California recognizes two types of marriages eligible for annulment:

Void marriages: These are marriages that are invalid from the start. Examples include:

  • Bigamous marriages (one spouse was already married)
  • Incestuous marriages (between close blood relatives)

Voidable marriages: These may be annulled by court order under specific circumstances. Common grounds include:

  • Fraud or misrepresentation
  • Force or coercion
  • Unsound mind (mental incapacity at time of marriage)
  • Physical incapacity
  • Marriage entered into by a minor without legal consent

The court will evaluate the facts and determine whether annulment is appropriate based on these criteria.

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Reasons to See an Attorney Right Away

In annulment cases, timing matters. Many types of annulments have strict deadlines known as statutes of limitations that limit how long you have to file. Waiting too long can reduce your legal options.

Here are some reasons to speak with a San Diego family law lawyer as soon as possible:

  • Certain grounds for annulment have time limits (e.g., fraud, force, or physical incapacity).
  • Evidence may become harder to obtain the longer you wait.
  • You may still be legally married and not realize it. This could impact your rights in regard to property, benefits, or future marriages.
  • You may need immediate legal protections if children, finances, or abuse are involved.

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How an Experienced San Diego Annulment Attorney Can Help

Working with an annulment lawyer ensures that you have a knowledgeable advocate by your side, someone who understands both the legal nuances and the personal impact of your situation.

A family law attorney can assist by:

  • Determining your eligibility for annulment under California law
  • Explaining how annulment differs from divorce and helping you pursue the best path based on your personal and legal goals
  • Gathering, organizing, and presenting clear evidence to support your petition
  • Protecting your parental rights if children were born during the marriage
  • Representing you in court proceedings and helping you respond to an uncooperative, missing, or out-of-state spouse
  • Ensuring your legal status is properly established and your future rights are preserved

Whether your marriage lasted a few weeks or several years, having legal representation can help you move forward with clarity and confidence.

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Annulment vs. Divorce

Although both annulment and divorce both legally end a marriage, they differ in important ways:

  • Legal Status: An annulment declares that the marriage was never legally valid, treating it as though it never happened. A divorce, on the other hand, legally ends a valid marriage.
  • Property Division: In annulments, community property is usually not divided because the marriage is considered void. However, in some cases, courts may still address certain financial matters. In a divorce, standard rules for dividing community property apply.
  • Spousal Support: Spousal support is generally not awarded after an annulment. Divorce cases, however, may involve temporary or long-term support, depending on factors like the length of the marriage and the financial situation of each spouse.
  • Legal Timeline: Annulments must be filed within specific time limits that depend on the legal grounds such as fraud or incapacity. Divorce can be filed at any time once residency requirements are met.
  • Social or Religious Benefits: Some people seek an annulment due to religious beliefs or cultural expectations, especially when they want the marriage declared void in the eyes of their faith. Divorce is more commonly pursued for legal closure and may offer more complete legal remedies.

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Who Is Eligible for an Annulment?

Eligibility for annulment in California depends on your specific circumstances, and the court will need supporting evidence. You may qualify for an annulment if:

  • One spouse was already married (bigamy)
  • You discovered the marriage involved close blood relatives
  • One party was under the age of 18 and did not have legal parental or court consent
  • The marriage occurred because of fraud, such as hiding the intent not to have children or concealing a criminal history
  • You were forced or threatened into the marriage (duress)
  • One party lacked the mental ability to understand the nature of marriage (unsound mind)
  • One party was physically incapable of consummating the marriage, and the condition is incurable

The court will evaluate your claims based on testimony, documentation, and legal standards. An attorney can help present your case clearly and persuasively.

Need to Legally Undo a Marriage?

Mattis Law, A.P.C. can help you petition for annulment and protect your rights. Call (858) 328-4400 to get started.

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How Do I Get a Court Order for an Annulment?

The annulment process in California involves several steps.

File a Petition

You must file a Petition for Nullity of Marriage in the family court of your county. The petition will state the legal grounds for the annulment and must be served on your spouse.

Serve Legal Notice

You must legally serve your spouse with the petition and a summons. They will have the opportunity to respond and contest or agree to the annulment.

Gather Evidence

You’ll need documentation and testimony that support your grounds for annulment. This could include:

  • Medical records
  • Witness statements
  • Emails or messages showing fraud or coercion
  • Birth certificates or marriage licenses showing legal conflict

Attend a Court Hearing

If the annulment is contested or complex, the court may hold a hearing. You and your attorney will present evidence and arguments, and a judge will decide whether to grant the annulment.

Receive a Court Order

If the judge finds sufficient legal grounds, they will issue a Judgment of Nullity, declaring the marriage legally invalid.

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What Clients Are Saying About Us

I have recommended her to my own friends and family -Cassidy (5-Star Google Review)

If you are going through a divorce, child custody issue, or really anything family law related in San Diego, Amelia Mattis is the attorney for you. She cares deeply about her clients and is extremely professional. You can tell that the judges, other attorneys and professionals on that case respect her, and that really makes your case reach resolution. Amelia always explains your options concisely and with advice so that you can make an informed decision for your family. She is even upfront about costs, so you know what to expect and what options you have in your budget. I have recommended her to my own friends and family, if you think you need a family law attorney in San Diego, do not hesitate to call her!

I highly recommend her -Sally Kim (5-Star Google Review)

I cannot thank Amelia enough for her exceptional service during a challenging time in my life. From our very first time meeting, she has made me feel heard, supported, and understood. Not only is her knowledge of family law incredible, she is also extremely detail-orientated, which has given me peace of mind throughout the entire process. She also always had a compassionate approach and even took the time to explain the approach with me every step of the way, ensuring that we were always on the same page. Thanks to Amelia, I was able to reach a fair resolution that protect my interests and those of my family. I highly recommend her. You will be in excellent hands!

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Other Locations We Serve

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Speak With a San Diego Annulment Attorney Today

Ending a marriage is never easy, but you don’t have to go through it alone. Whether you're exploring annulment because of fraud, coercion, incapacity, or for another reason, Mattis Law, A.P.C. is here to help you understand your rights and protect your future.

Amelia J. Mattis provides thoughtful legal representation in all cases. With proven recognition across California and a reputation for care and clarity, she’s here to help you move forward with confidence.

Call (858) 328-4400 today to schedule a free consultation and learn whether annulment is the right path for you.

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Annulment FAQs

What is an annulment in California?

An annulment is a legal process that declares a marriage null and void, meaning it was never legally valid to begin with. Once granted, it’s as if the marriage never happened in the eyes of the law.

How is annulment different from divorce?

While divorce ends a valid marriage, annulment declares that the marriage was never legally valid. Annulments are based on specific legal grounds, while divorces do not require such justification.

What are the legal grounds for an annulment in California?

Common grounds include fraud, force, unsound mind, physical incapacity, bigamy, incest, or being underage at the time of marriage without proper consent.

Is there a time limit to file for annulment?

Yes. Most annulment petitions must be filed within a specific time after the marriage. For example, cases based on fraud must usually be filed within four years of discovering the fraud. Time limits vary depending on the reason for annulment.

Do I need to go to court to get an annulment?

Yes. Annulments require filing a petition with the court, presenting evidence, and potentially attending a hearing. The court must issue a Judgment of Nullity for the annulment to be legally valid.

Will an annulment affect child custody or support?

No. Custody, visitation, and child support are handled similarly to divorce cases.

Can I get an annulment for religious reasons?

Religious annulments are handled by religious institutions and do not affect your legal marital status. A civil annulment through the court system is required to end your marriage legally.

What happens to property if my marriage is annulled?

Because annulment treats the marriage as if it never legally existed, community property laws may not apply. However, if the court finds a putative marriage, property may still be divided fairly.

How can an annulment lawyer help me?

An attorney can assess your eligibility, gather evidence, file court documents, and represent you in hearings. At Mattis Law, A.P.C., we guide you through the process with clarity, compassion, and skilled legal support.

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Meet Our San Diego Annulment Attorney

Amelia J. Mattis

Amelia J. Mattis is the founder and lead attorney of Mattis Law, A.P.C., a San Diego family law firm known for its compassionate, strategic, and highly personalized approach to complex legal matters. With a practice devoted to helping individuals navigate divorce, child custody, domestic violence, and parental rights issues, Amelia brings both legal skill and emotional sensitivity to every case she handles.

Amelia’s work is rooted in advocacy that prioritizes clarity, integrity, and long-term stability for her clients. She is especially known for her experience with high-conflict custody modifications, grandparent rights, and cases involving parental alienation or special needs.

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Additional Information

(858) 328-4400