An annulment — called a judgment of nullity in California — declares that a marriage was never legally valid, as opposed to a divorce, which ends a valid marriage. Whether you can obtain one depends on whether the marriage was void or voidable, and those are not the same thing.
Void marriages
A void marriage is invalid from the very beginning — it was never a lawful marriage and no court action is technically required to make it a nullity, though a judgment is useful to clear the record. California recognizes only two kinds of void marriages: incestuous marriages (between close relatives) under Family Code section 2200, and bigamous or polygamous marriages under section 2201, where one spouse was already legally married to someone else. Because these marriages offend fundamental public policy, there is no time limit to seek a nullity.
Voidable marriages
A voidable marriage is valid until a court declares it void at the request of the injured party. Family Code section 2210 lists the grounds: one party was under the age of consent; a prior spouse was believed dead but was living; unsound mind; fraud; force; or physical incapacity. Unlike a void marriage, a voidable marriage must be challenged within a statute of limitations tied to the specific ground, and it can be ratified — for example, by continuing to cohabit after learning the truth.
Fraud as a ground for annulment
The most litigated ground is fraud. To annul for fraud, the deception must go to the essence of the marital relationship — not a trivial misrepresentation. Classic examples include concealing an inability or refusal to have children, marrying solely to obtain immigration status with no intent to be a real spouse, or hiding a permanent inability to consummate the marriage. Disappointment about finances or personality does not qualify. A fraud-based annulment must be sought within four years of discovering the fraud.
Nullity versus divorce — and why it matters
Because an annulment treats the marriage as if it never existed, community property and spousal support generally do not apply the way they would in a divorce — which can help or hurt depending on your position. California’s putative spouse doctrine (Family Code section 2251) protects a spouse who genuinely believed the marriage was valid, allowing a division of quasi-marital property. Given the strict grounds, short deadlines, and property consequences, deciding between a nullity and a divorce is a decision to make with counsel.
Talk to Furubotten Law
Every page on this site ends the same way it began: with a real lawyer. If you are navigating any of the issues discussed above, Denise Furubotten, Esq. brings 30 years of California family law experience to your matter. Call Furubotten Law, APC at (714) 795-3862 to schedule a confidential evaluation.