Annulment in California — How to Get a Marriage Declared Void or Voidable

An annulment — called a nullity of marriage in California legal terminology — is a court judgment that declares a marriage legally void or voidable, as if it never existed. Unlike divorce, which ends a valid marriage, an annulment finds that the marriage was legally defective from the beginning. Understanding when you can get an annulment in California, what the grounds are, and how it differs from divorce is essential if you believe your marriage may qualify.

Annulment California law allows under specific statutory grounds differs fundamentally from divorce in what it declares about the marriage.

Annulment vs. Divorce in California

The fundamental difference is what the court declares. A divorce (dissolution of marriage) acknowledges that a valid marriage existed and terminates it. An annulment (nullity) declares that the marriage was either void from its inception or voidable due to a specific legal defect. The practical and legal implications differ significantly — particularly for property rights, spousal support, and the spouses' legal status during and after the proceeding.

Void vs. Voidable Marriages

California law recognizes two categories of invalid marriages:

Void marriages under Family Code §2200-2201 are invalid from the moment they are entered and require no court action to be void — though a court declaration is still advisable for legal clarity. Void marriages include: bigamous marriages (where one party was already married to someone else); and incestuous marriages between relatives within prohibited degrees of consanguinity. A void marriage does not become valid simply because the parties cohabited or believed themselves married.

Voidable marriages under Family Code §2210-2212 are valid until a court declares them void upon proper petition. Grounds for voidable marriage nullity include:

• Age — one party was under 18 at the time of the marriage without required parental/court consent
• Prior existing marriage — one party had a prior marriage believed to have been dissolved but which had not been legally terminated
• Unsound mind — a party was of unsound mind and incapable of understanding the nature of the marriage contract at the time of the ceremony
• Fraud — the marriage was induced by fraud going to the essence of the marriage relation
• Force — consent was obtained by force
• Physical incapacity — one party was physically incapable of consummating the marriage at the time it was entered, and the incapacity is continuing and apparently incurable

What Qualifies as Fraud Sufficient for Annulment?

Fraud sufficient to support a nullity under Family Code §2210 must go to the essence of the marriage relation — not merely to collateral matters. California courts have found sufficient fraud in cases involving concealment of: an existing marriage; inability or unwillingness to have children when the other party's desire for children was a stated condition of the marriage; concealment of a communicable disease; immigration fraud where one party entered the marriage solely for immigration purposes with no intent to cohabit as spouses; and concealment of a criminal history that was central to the other party's consent. Mere dishonesty about finances, lifestyle, or background generally does not rise to the level of fraud going to the essence of the marriage.

Time Limits for Annulment Petitions

Voidable marriages must be challenged within specific time periods under Family Code §2211. The statute of limitations varies by ground: for age, the petition must be filed before the underage party turns 18 or within four years after; for unsound mind, until the party has regained reason or for four years after the marriage; for fraud, within four years of discovering the fraud; for force, within four years of the marriage; for physical incapacity, within four years of the marriage. Void marriages have no statute of limitations — they can be declared void at any time.

Property Rights and Support After Annulment

One of the most consequential differences between annulment and divorce involves property and support rights. Because an annulment declares the marriage never legally existed, the standard community property rules do not automatically apply. However, California courts may apply quasi-marital property rules under Family Code §2251 to protect the rights of an innocent party who believed in good faith that the marriage was valid. Courts may also award support to a putative spouse — a party who believed in good faith that the marriage was valid.

Serving Orange County and Riverside County Clients

Furubotten Law, APC handles nullity of marriage proceedings for clients throughout our service area. If you believe your marriage may qualify for annulment, or if you have been served with a nullity petition, call (714) 795-3862 for a case evaluation.