What Is an Annulment in CA?

An annulment in California is a court ruling that a marriage or domestic partnership is legally invalid. This is different from a divorce, which ends a legally valid relationship. In an annulment, the court treats the marriage as though it never legally existed.

There are two categories of marriages that can be annulled California law two legal bases for an annulment:

  • Void marriages, which are never legally valid—such as those involving bigamy or incest. These are outlined in Family Code §§ 2200–2201.
  • Voidable marriages, which may be declared invalid by a court due to specific legal reasons like fraud, force, or incapacity. These are described in Family Code § 2210.

It’s also important to note that a religious annulment—granted by a church or religious authority—is not the same as a legal annulment issued by the court.

What Are the Grounds for Annulment?

Not every unhappy or short marriage qualifies for an annulment. California law only allows annulments in specific situations, and you must prove one of the following legal grounds to be eligible:

  • One spouse was already married or in a registered domestic partnership at the time of the marriage (bigamy)
  • The spouses are close blood relatives (incest)
  • One spouse was under the age of 18 and did not obtain proper legal consent
  • One spouse was forced or coerced into the marriage
  • One spouse lacked the mental capacity to consent due to unsound mind or illness
  • There was fraud that went to the heart of the marriage, such as lying about the desire to have children
  • One spouse was physically unable to consummate the marriage, and the condition is permanent

Each of these grounds comes with legal standards that must be met, and not all of them apply indefinitely. That’s why it’s important to consult an annulment lawyer as soon as possible if you believe you may qualify.

The California Annulment Process

Getting an annulment involves several steps and, in many cases, a court hearing. Here’s a basic overview of how the California annulment process works:

Step 1: File a Petition for Nullity of Marriage (Form FL-100)

This begins the legal process. You must indicate the reason why you believe the marriage is not valid.

Step 2: Serve the petition

The other party must be served with copies of the paperwork. They will have the opportunity to respond and either agree or contest the request.

Step 3: Submit financial disclosures

Even in annulment cases, both parties must share information about their income, property, and debts.

Step 4: Attend a court hearing

Unlike divorce, most annulments require a court appearance. You’ll need to present evidence supporting your claim, and the judge will decide whether an annulment is appropriate.

If the court grants the annulment, your marriage will be considered legally void or voidable from the beginning, and you’ll receive a judgment stating that no legal marriage ever existed.

Annulment Time Limits in California

There are strict deadlines for filing an annulment depending on the reason for the request. These time limits vary:

  • For fraud, you must file within four years of discovering the fraud.
  • If you were underage at the time of the marriage, you must file before turning 22.
  • For force, you must file within four years of the marriage.
  • If one spouse lacked mental capacity, there is no fixed deadline, but the case must be brought while the condition exists.

Missing these deadlines can result in the court denying your annulment, even if the underlying facts are valid. If you’re unsure whether you’re still within the required timeframe, an annulment attorney in Los Angeles can help assess your case.

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How an Annulment Attorney in Los Angeles Can Help

Pursuing an annulment requires clear legal reasoning and strong evidence. The court does not grant annulments lightly, and mistakes in paperwork or arguments can result in delays—or a complete denial.

A skilled annulment attorney in Los Angeles can help you:

  • Determine whether you qualify based on California law
  • Gather the necessary evidence and documentation
  • Properly file your petition and related court forms
  • Prepare for your court hearing and present your case clearly
  • Advise you on alternatives like legal separation or divorce if annulment is not possible

At Atighechi Law Group, we know how sensitive these cases can be. We’ll walk you through every step of the process with clarity and compassion.