Quick Answer An annulment in California is a court order declaring that a marriage was never legally valid. This differs from divorce, which ends a valid marriage. California recognizes two types of annulments: void marriages and voidable marriages. Void marriages, governed by California Family Code section 2200 and section 2201, are invalid from the beginning and include incestuous and bigamous marriages. Voidable marriages, governed by California Family Code section 2210, are valid until annulled and include marriages involving underage parties without proper consent, unsound mind, fraud, force, or physical incapacity. The process involves filing a Petition for Nullity using Form FL-100 with the option for nullity selected. Each ground has specific time limits ranging from 4 years to no limit. After annulment, the marriage is legally erased as if it never happened.
Table of Contents
What Is an Annulment
An annulment, technically called a Judgment of Nullity in California, is a court order declaring that a marriage was never legally valid. Unlike divorce, which ends a valid marriage that existed up to the divorce date, an annulment retroactively erases the marriage as if it never occurred.
The legal effect is significant. After annulment, the parties are not considered to have ever been married. There are no former spouses, only former parties to an invalid attempted marriage. This affects everything from social status to legal rights to administrative matters.
California recognizes annulments in limited circumstances based on specific defects in the marriage from its formation. You cannot get an annulment simply because you regret the marriage or because it has been short. The marriage must have been legally defective from the start.
Annulment vs Divorce
| Feature | Annulment | Divorce |
| Effect on marriage | Marriage never existed | Marriage existed but ended |
| Grounds required | Specific legal defects | Irreconcilable differences |
| Time limits | Strict deadlines per ground | None |
| Waiting period | None | 6 months minimum (CA) |
| Property division | Limited (putative spouse rule) | Community property division |
| Spousal support | Generally not available | Available |
| Children’s legitimacy | Children remain legitimate | Children remain legitimate |
Void Marriages
Void marriages are invalid from the beginning. They never existed as valid marriages, regardless of any ceremony or paperwork. The two categories of void marriages in California are:
Incestuous Marriages
California Family Code section 2200 declares incestuous marriages void. Incestuous marriages are between close blood relatives including parents and children, ancestors and descendants of every degree, brothers and sisters of the half as well as the whole blood, and uncles or aunts and their nieces or nephews.
Bigamous Marriages
California Family Code section 2201 declares bigamous marriages void. A bigamous marriage occurs when one spouse is still legally married to another person. The second marriage is automatically void; no court action is required to make it void.
Even though void marriages are automatically invalid, getting a court Judgment of Nullity is still important to clarify the legal status and address any property, custody, or other issues.
Voidable Marriages
Voidable marriages are valid until annulled. They are recognized as marriages but can be declared invalid based on specific defects. California Family Code section 2210 lists the grounds for voidable marriages.
The key difference from void marriages is that voidable marriages remain valid until the court issues an order declaring them invalid. Either party can choose to seek annulment or simply remain married. If neither party seeks annulment within the statutory time limits, the marriage remains valid.
The 6 Grounds for Annulment
California Family Code section 2210 establishes 6 grounds for declaring a marriage voidable. Each ground has its own elements that must be proven. A board-certified family law attorney can help evaluate whether your situation fits one of these specific grounds.
- Underage marriage without parental consent or court approval (California Family Code section 2210(a))
- Prior existing marriage of either party still legally valid (California Family Code section 2210(b))
- Either party was of unsound mind at the time of marriage (California Family Code section 2210(c))
- Consent obtained by fraud (California Family Code section 2210(d))
- Consent obtained by force (California Family Code section 2210(e))
- Either party was physically incapable of consummating the marriage and the incapacity continues (California Family Code section 2210(f))
Underage Marriage Without Consent
California Family Code section 2210(a) allows annulment when one party was under the age of 18 at the time of marriage and did not have the required parental consent and court approval. Under California Family Code section 302, a minor cannot marry without both parental consent and a court order specifically authorizing the marriage.
If a minor married without these protections, the marriage is voidable. Either the underage party (after reaching majority) or the parent or guardian (during the minority) can petition for annulment. The petition must be filed within 4 years after the underage party reaches age 18.
Bigamy and Prior Marriage Still Valid
California Family Code section 2210(b) allows annulment when one party had a prior marriage that was still valid at the time of the second marriage. This overlaps with the void marriages section but is also a ground for voidable status when there is ambiguity about whether the prior marriage was actually still valid.
Common situations include marriages where one spouse believed but had not verified that their prior divorce was final, or where the prior spouse had been absent for years and was believed dead. The Bigamy ground can be raised any time before either party dies.
Unsound Mind
California Family Code section 2210(c) allows annulment when one party was of unsound mind at the time of marriage. Unsound mind means lacking the capacity to understand the nature and consequences of the marriage.
Common situations include marriages entered while severely intoxicated, marriages by people with significant mental impairment, or marriages entered while suffering acute mental illness. The party who was of unsound mind, or someone acting on their behalf, can petition for annulment. The petition must be filed before the unsound party freely cohabits with the other party after regaining sound mind.
Fraud
California Family Code section 2210(d) allows annulment when one party’s consent was obtained by fraud. Not every misrepresentation supports an annulment. The fraud must go to the essence of the marriage relationship.
Examples of Annulment Worthy Fraud
- Hiding the inability or unwillingness to have children when the other party wanted children
- Marrying solely for immigration purposes without intending a real marriage
- Hiding a prior marriage or children
- Hiding a serious criminal record
- Misrepresenting religious affiliation when religion was central to the marriage
- Hiding sexual orientation when entering a heterosexual marriage
- Concealing a serious sexually transmitted disease
Fraud That Does Not Support Annulment
- Misrepresenting wealth or financial assets
- Misrepresenting employment or career prospects
- Misrepresenting personality traits
- Cosmetic misrepresentations such as hair color
The defrauded party must file for annulment within 4 years of discovering the fraud (California Family Code section 2211(d)).
Force or Duress
California Family Code section 2210(e) allows annulment when consent was obtained by force. This means coerced marriages where one party did not freely consent. California Civil Code section 1567 defines duress to include actual force, menace, fraud, and undue influence.
Common situations include shotgun weddings where one party was threatened, marriages entered under physical restraint, marriages entered under threats to family members, and marriages entered through severe psychological coercion.
The forced party must file within 4 years of the marriage date (California Family Code section 2211(e)).
Physical Incapacity
California Family Code section 2210(f) allows annulment when one party was physically incapable of consummating the marriage at the time of marriage and the incapacity continues. Consummation in this context means sexual intercourse.
The ground applies in narrow circumstances. Both elements must be met: the incapacity must have existed at the time of marriage and must continue at the time of the annulment petition. Temporary incapacity does not support annulment. The petition must be filed within 4 years of the marriage.
Time Limits to File
| Ground | Filing Time Limit |
| Underage without consent | Within 4 years after underage party reaches 18 |
| Prior existing marriage | Any time during life of either party |
| Unsound mind | Before cohabitation after recovering sound mind |
| Fraud | Within 4 years after discovering the fraud |
| Force | Within 4 years of the marriage |
| Physical incapacity | Within 4 years of the marriage |
Missing the time limit usually means you can only seek divorce, not annulment. The strict deadlines are important to remember when evaluating whether annulment is an option.
The Annulment Process
The annulment process in California follows these steps:
- Confirm grounds and time limits. Identify the specific ground under California Family Code section 2210 and verify that you are within the statutory time limit.
- Complete Petition for Nullity. File Form FL-100 (Petition for Dissolution) selecting the nullity option, plus Form FL-110 (Summons).
- Pay the filing fee. California’s filing fee is $435 in 2026. Fee waivers are available.
- Serve the other party. Service requirements are the same as for divorce.
- Other party can respond. They have 30 days to file a response.
- Attend the court hearing. Annulment requires a court hearing because the judge must make findings about the grounds.
- Receive Judgment of Nullity. If granted, the court issues a Judgment of Nullity declaring the marriage void or voidable as appropriate.
Effect of Annulment on Property and Children
Annulment has significant effects on the legal relationship between the parties:
Property
Generally, annulment means there is no community property because there was no valid marriage. Each party keeps what they brought into the relationship. However, the putative spouse doctrine (discussed below) can create exceptions.
Spousal Support
Spousal support is generally not available after annulment because there was no marriage. The putative spouse rule may allow support in some cases.
Children
Children of an annulled marriage remain legitimate. California Family Code section 2251(b) provides that children of an annulled marriage are not affected by the annulment. The parties remain responsible for child support and custody. The court can order child support and address custody as it would in any other family law case.
Putative Spouse Doctrine
The putative spouse doctrine, codified in California Family Code section 2251, protects a party who entered the marriage in good faith believing it was valid. If you genuinely believed your marriage was valid when it actually was not (for example, you did not know your spouse was still married to someone else), you may be treated as a putative spouse.
A putative spouse can receive:
- Quasi marital property (property acquired during the believed marriage) divided as if community property
- Quasi marital spousal support similar to alimony
- Other protections similar to a divorce
The putative spouse doctrine softens the harsh consequences of annulment for someone who acted in good faith. It does not apply to a party who knew the marriage was invalid.
Frequently Asked Questions
Q: What is the difference between annulment and divorce?
A: An annulment declares that a marriage was never legally valid; the marriage is erased as if it never happened. A divorce ends a valid marriage that existed up until the divorce. Annulment requires specific legal grounds such as fraud, force, bigamy, or underage marriage. Divorce only requires irreconcilable differences in California. Annulment has strict time limits while divorce can be filed at any time. After annulment, you were never married legally. After divorce, you were married but the marriage ended.
Q: Can I get an annulment because my marriage was short?
A: No. A short marriage does not qualify for annulment by itself. Annulment requires specific legal grounds such as fraud, force, bigamy, unsound mind, underage marriage, or physical incapacity at the time of marriage. A 30 day marriage between two adults who freely consented is a valid marriage that must be ended by divorce, not annulment. There is no fast track annulment based purely on short duration.
Q: How long do I have to file for an annulment in California?
A: Time limits vary by ground. Underage without consent must be filed within 4 years after the underage party turns 18. Fraud must be filed within 4 years of discovering the fraud. Force and physical incapacity must be filed within 4 years of the marriage. Unsound mind must be filed before cohabitation after the party regains sound mind. Prior existing marriage can be filed any time during the life of either party. After the time limit, you must seek divorce instead of annulment.
Q: Does annulment make my children illegitimate?
A: No. California Family Code section 2251(b) explicitly protects children of annulled marriages. The children remain legitimate. Both parents remain legally responsible for the children. The court issues custody, visitation, and child support orders as it would in any divorce. Annulment of the marriage does not affect the legal relationship between parents and children.
Q: Is annulment quicker than divorce?
A: Annulment can be quicker than divorce because it does not require the 6 month waiting period that applies to divorce under California Family Code section 2339. However, annulment requires a court hearing where the grounds must be proven, which can extend the timeline if the annulment is contested. In an uncontested annulment, the process can finalize in 2 to 3 months. In a contested annulment, it can take 6 to 12 months.
Q: Can I get an annulment if my spouse lied about wanting children?
A: Potentially yes, under the fraud ground in California Family Code section 2210(d). Hiding the unwillingness or inability to have children, when the other party wanted children, can support annulment based on fraud. The fraud must go to the essence of the marriage. You must file within 4 years of discovering the fraud. You will need to prove that the lying spouse knew their position before marriage and concealed it intentionally. This is among the most commonly successful fraud annulment grounds.
Q: What is a putative spouse?
A: A putative spouse is someone who entered a marriage in good faith believing it was valid, when it actually was not. The putative spouse doctrine in California Family Code section 2251 provides protections similar to a valid spouse, including property division as if there were community property, and potential support. The doctrine prevents harsh consequences when one party innocently believed they were validly married. To qualify, the party must show genuine good faith belief in the validity of the marriage.
Q: Do I need a lawyer for an annulment?
A: You are not legally required to have a lawyer, but annulment is more complex than divorce in some ways and having a lawyer is strongly recommended. The grounds must be specifically pleaded and proven. The time limits are strict. The factual issues can be difficult. Attorney representation significantly improves the chances of success, especially in contested annulments. Many family law attorneys offer flat fees for uncontested annulments.
Bottom Line
Annulment in California is available only in specific circumstances where the marriage was legally defective from its formation. California Family Code section 2210 lists 6 grounds: underage without consent, prior existing marriage, unsound mind, fraud, force, and physical incapacity. Each ground has strict time limits ranging from 4 years to no limit. The process requires filing Form FL-100 selecting nullity and proving the specific grounds in court. After annulment, the marriage is legally erased. Children remain legitimate. The putative spouse doctrine protects parties who acted in good faith.
If you believe your marriage may qualify for annulment, time is critical. A free consultation with a board-certified family law specialist can help you evaluate whether annulment is available and whether divorce may be a more practical option in your specific situation.
About the Author
Donald Glen Haslam, Esq. is a Board-Certified Family Law Specialist by the California State Bar Board of Legal Specialization and a senior partner at Haslam & Thorne, LLP in Ontario, California. He has practiced family law exclusively for over 40 years, representing families throughout San Bernardino County and the Inland Empire. Reviewed by Brian George Thorne, Esq., Board-Certified Family Law Specialist.
Related Articles
- Legal Separation vs Divorce: Which Is Right for You? (2026 Guide)
- How to File for Divorce in California: Step by Step (2026 Guide)
- Divorce Process Explained: 8 Steps From Filing to Final (2026)
- How Long Does a Divorce Take? 2026 State by State Timeline Guide
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Annulment law involves strict requirements and time limits. For advice specific to your situation, consult with a licensed family law attorney. Reading this article does not create an attorney-client relationship with Haslam & Thorne, LLP.