Annulment in California: Who Qualifies and How It Differs From Divorce

An annulment declares that your marriage was never legally valid in the first place — legally speaking, it never existed. That is very different from a divorce, which ends a marriage that was valid.

It is also much harder to obtain. The grounds are narrow, several are time-limited, and most people who would prefer an annulment will not qualify for one. A short marriage, mutual regret, or never having lived together are not by themselves grounds.

Void vs voidable marriages

California distinguishes two categories.

A void marriage was never valid, regardless of what either party wants. There are two: incest, and bigamy — where one spouse was already married to someone else.

A voidable marriage is valid until a court sets it aside. These are the grounds listed in Family Code section 2210, and each carries its own deadline.

The grounds under Family Code 2210

• Age — one party was under 18 at the time of marriage
• Prior existing marriage — where a former spouse was believed dead or absent
• Unsound mind — a party could not understand the nature of the marriage
• Fraud — consent obtained by fraud going to the essence of the marriage
• Force — consent obtained by force
• Physical incapacity — an incurable physical incapacity existing at the time of marriage

Fraud is the ground people ask about most, and it is narrower than it sounds. Courts have generally required the deception to go to the heart of the marital relationship — for example concealing an intention never to have children, or marrying solely for immigration purposes. Lying about finances, past relationships or character has generally not been enough on its own.

Time limits

Missing a deadline generally closes off the annulment route, leaving divorce or legal separation.

Annulment vs divorce vs legal separation

One point that surprises people: because an annulled marriage is treated as never having existed, the community property rules generally do not apply. That can be an advantage or a serious disadvantage depending on which side of the finances you are on.

What happens to property and children?

Children of an annulled marriage remain the legal children of both parents. Custody, visitation and child support are decided under the same standards as any other case — a child's rights are not affected by the status of their parents' marriage.

Property is more complicated. Without community property rules, the court may apply "putative spouse" principles where a party genuinely believed in good faith that the marriage was valid, which can allow a division closer to what a divorce would produce.

The putative spouse doctrine

Because an annulled marriage is treated as never having existed, community property rules generally do not apply — which can leave one party in a difficult position after years of shared life.

California addresses this through the putative spouse doctrine. Where a party genuinely believed in good faith that the marriage was valid, the court may treat property acquired during the relationship as "quasi-marital property" and divide it much as it would community property. That party may also be eligible for support.

The requirement is a good faith belief in the validity of the marriage. Someone who knew of the impediment — for example that their partner was already married — generally cannot claim putative spouse status.

What the process involves

An annulment is started by filing a petition for nullity, serving the other party, and then proving the ground at a hearing. Unlike divorce, an annulment is not automatic even when both parties want one: the court must be satisfied the legal ground is established, so evidence is usually required.

There is no six-month waiting period, so a straightforward, well-evidenced case can conclude faster than a divorce. A contested case, particularly one turning on fraud, can take considerably longer because the facts must be proved.

Civil annulment vs religious annulment

These are entirely separate. A civil annulment is granted by a court and changes your legal marital status. A religious annulment is granted by a religious authority under its own rules and has no legal effect on your civil status.

Obtaining one does not obtain the other. People sometimes pursue both, and the requirements can be quite different — a marriage that does not meet the civil grounds may still qualify under a religious tribunal, and vice versa.

If you do not qualify

Most people asking about annulment will not meet the statutory grounds, and that is worth knowing at the outset rather than after filing. The alternatives are:

• Divorce — available without grounds, but with the six-month waiting period
• Legal separation — no waiting period and no residency requirement, but you remain married
• Summary dissolution — a simplified divorce for short, low-asset marriages meeting strict criteria

Summary dissolution is worth asking about if your marriage was under five years, you have no children together, limited property and debt, and neither party seeks spousal support.

Is an annulment right for you?

People often ask for an annulment for religious or personal reasons, and are then disappointed to learn the civil grounds do not fit. A civil annulment is also separate from a religious annulment, which is granted by a religious body under its own rules.

If you are not sure which route applies, our California family law attorneys can review the facts with you in a free, confidential consultation. Our guide comparing legal separation and divorce may also help you weigh the alternatives.