Annulment in California -- Grounds, How to Get One, and Effects

What Is an Annulment in California?

An annulment in California is a court judgment declaring that a marriage was either void from its inception or voidable -- meaning it should be treated as if it never legally existed. This is fundamentally different from a divorce, which terminates a valid marriage. An annulment says the marriage was invalid to begin with. California Family Code sections 2200 through 2215 govern the grounds for and effects of annulment. Unlike many states, California annulments require a court proceeding -- they are not granted automatically even for marriages that appear clearly invalid on their face.

How do I get an annulment in California? You file a Petition for Nullity of Marriage (or Domestic Partnership) in the Superior Court, checking the appropriate grounds. You serve the petition on your spouse, who has the right to respond and contest. A hearing is held at which you must present evidence proving the statutory grounds for annulment. The court then decides whether to grant the nullity. This is not a simple or quick process -- proving annulment grounds often requires testimony, documents, and legal argument.

Grounds for Annulment in California

California recognizes two categories of annulment grounds: void marriages and voidable marriages. The distinction matters because void marriages are invalid regardless of whether either party challenges them, while voidable marriages are valid unless and until challenged in court by an eligible petitioner within the applicable time limit.

Void marriages under Family Code section 2200 include: bigamous marriages (where either party had a prior existing valid marriage or domestic partnership at the time of the ceremony) and incestuous marriages (between ancestors and descendants, or between siblings, whether of the whole or half blood). These marriages are void as a matter of public policy and cannot be ratified or validated by the parties' subsequent conduct.

Voidable marriages under Family Code section 2210 include:

• Underage marriage -- a party was under 18 at the time of marriage (petition must be brought by the underage party before they turn 22, or by their parent or guardian before the underage party turns 18)
• Prior existing marriage or domestic partnership -- one party had a prior marriage or domestic partnership that they reasonably believed was dissolved by death or dissolution (different from bigamy because this ground requires a good-faith belief the prior marriage ended)
• Unsound mind -- either party was of unsound mind or lacked capacity to consent (petition must be brought by a party who was not of unsound mind, or by a conservator, or after reason returns, by the party who was of unsound mind)
• Fraud -- the consent of one party was obtained by fraud, if the fraud went to the essence of the marriage (the time limit is four years from discovery of the fraud)
• Force -- the consent of one party was obtained by force (four-year limitation)
• Physical incapacity -- either party was physically incapable of entering into the marriage state and this incapacity continues and appears to be incurable (four-year limitation)

Fraud as a Ground for Annulment in California

Fraud is the most commonly litigated annulment ground in California. However, not every misrepresentation during a relationship constitutes fraud sufficient for annulment. The fraud must go to the "essence of the marriage contract" -- it must concern a matter so fundamental that the petitioner would not have agreed to marry had they known the truth. California courts have found actionable fraud in cases involving concealment of an inability or unwillingness to consummate the marriage, concealment of a prior existing marriage, misrepresentation about fertility or intention to have children, and concealment of a communicable disease. Fraud about less fundamental matters -- wealth, education, occupation, character -- generally does not meet the standard for annulment.

Annulment Time Frame in California

How long does an annulment take in California? There is no mandatory waiting period like the six-month period in divorce proceedings -- the court can enter a nullity judgment as soon as the case is ready for judgment. The total process typically takes three to twelve months depending on whether the case is contested. For voidable marriage grounds, there are time limits within which the petition must be filed -- most are four years from the occurrence of the ground. The underage marriage ground has stricter limits. A petitioner who waits too long to seek annulment may be barred from doing so even if the underlying ground clearly existed.

Property After Annulment in California -- The Putative Spouse Doctrine

What happens to property after an annulment? Because an annulment declares the marriage never validly existed, community property law technically does not apply -- there was no valid marriage. However, California recognizes the putative spouse doctrine under Family Code section 2251. A putative spouse is a person who reasonably and in good faith believed they were validly married when in fact the marriage was void or voidable. A putative spouse is entitled to the same property division rights as a legal spouse -- quasi-marital property accumulated during the putative marriage is divided equally, just as community property would be. Only the party who acted in good faith qualifies as a putative spouse; the party who knew of the defect does not.

Spousal support after annulment: California Family Code section 2254 allows the court to award spousal support to a putative spouse upon declaration of nullity, using the same standards that apply to spousal support in a divorce proceeding.

Children of an Annulled Marriage

Annulment and children: children born of a void or voidable marriage are legitimate under California law. The nullity of the parents' marriage does not affect the children's status or rights. Custody, visitation, and child support are handled in the annulment proceeding exactly as they would be in a divorce -- the court applies the best interests of the child standard and the same guideline child support formula. The children have the same legal rights regardless of whether their parents were validly married.

Annulment vs. Divorce in California

The practical choice between seeking an annulment and seeking a divorce depends on whether you have provable statutory grounds for annulment and whether the outcome differs significantly from divorce. If you have clear annulment grounds -- particularly a void marriage -- pursuing nullity makes legal and sometimes religious sense. If the grounds are uncertain or the marriage lasted more than a few months, the practical differences between annulment and divorce are limited. Both require court proceedings; both address property, support, and custody; both produce a court judgment terminating the marital relationship. For many short marriages with limited assets, a divorce is simpler and more certain. For marriages with clear void grounds or significant religious implications, an annulment proceeding may be appropriate. Furubotten Law, APC advises clients on which proceeding serves their specific goals. Call (714) 795-3862.

Last reviewed: June 2026 · Author: Denise Furubotten, Esq.

Additional Annulment Questions

Marriage annulment in California vs divorce -- the practical question: most people who ask "how do I get an annulment" are asking because they want the marriage to be treated as if it never happened. In California, annulment is legally correct in that it declares the marriage void or voidable, but it does not erase the practical consequences of the relationship -- property division, support, and custody all still need to be addressed. An annulment does not create a simpler or faster resolution than a divorce in most cases. For very short marriages with no assets and no children, a divorce can be nearly as fast and is procedurally simpler because you do not need to prove specific statutory grounds.

Can you annul a marriage after divorce? No. Once a marriage is dissolved by divorce, there is no marriage left to annul. If you want to challenge the validity of the marriage -- for example, to establish that you were not legally married for purposes of another legal proceeding -- you would need to seek a declaration of nullity before the divorce is finalized, or challenge the validity on other grounds in a separate proceeding. If you have specific reasons for needing a nullity rather than a dissolution, discuss those reasons with your attorney before proceeding.