An annulment in California — legally called a nullity of marriage — is a court judgment declaring that a valid marriage never existed. Unlike divorce, which ends a valid marriage, an annulment treats the marriage as void or voidable from the beginning. Annulment California law is more restrictive than many people assume — the grounds are specific, and being married only briefly is not by itself a ground for annulment.
Annulment vs Divorce in California
The fundamental difference between annulment and divorce in California is what each proceeding declares. A divorce ends a valid marriage going forward. An annulment nullity of marriage California courts grant declares the marriage invalid from its inception — as though it never legally existed. This has significant consequences: there is no community property to divide (because there was no valid marriage during which community property could accumulate), and spousal support is generally not available after an annulment (though California courts can award putative spouse support in some circumstances).
An annulment California process follows similar procedural steps to divorce — a petition is filed, the other spouse is served, and the court ultimately enters a judgment. However, the substantive legal issues are different, and the burden is on the petitioner to prove grounds for nullity rather than simply stating irreconcilable differences.
Grounds for Annulment in California
California Family Code sections 2200–2210 specify the grounds for annulment. A void marriage — one that is invalid from the start regardless of court action — exists when the parties were too closely related by blood (incest) or when either party was already married to someone else (bigamy). A voidable marriage — one that requires court action to declare invalid — exists when the petitioner can prove one of the following: either party was under 18 without court approval; either party was of unsound mind at the time of marriage; consent was obtained by fraud; consent was obtained by force; either party was physically incapable of entering into the marriage state (including permanent physical incapacity); or either party was already married but the former spouse had been absent for five or more years and was believed to be dead.
The grounds for annulment in California are specific and must be proven with evidence. A short marriage, incompatibility, or religious objection to divorce are not legal grounds for annulment. People who want an annulment for religious reasons still need to meet one of the statutory legal grounds.
Fraud as a Ground for Annulment
Fraud is the most commonly asserted ground in annulment California proceedings. However, not all deception qualifies as fraud sufficient for annulment. California courts require that the fraud go to the essence of the marriage — typically meaning fraud about something that goes to the sexual or procreative aspect of the marriage, such as concealing an inability or unwillingness to have children, concealing a prior marriage, or fraudulent statements about intentions to consummate the marriage or establish a life together. Lying about finances, career, or personal history generally does not constitute grounds for annulment unless it goes to the essential nature of the marriage relationship.
Putative Spouse Doctrine
When a marriage is annulled, a party who believed in good faith that the marriage was valid may be treated as a putative spouse under Family Code section 2251. A putative spouse has the right to receive a division of quasi-marital property accumulated during the putative marriage and may be entitled to support. The putative spouse doctrine protects parties who were not aware of the defect in the marriage.
Furubotten Law, APC handles annulment proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation to assess whether you have grounds for annulment or whether divorce is the appropriate remedy.