How To Get an Annulment in California? 2025
By Stephane Quinn | By Quinn & Dworakowski LLP |Not all marriages are lawful in California. While some spouses may have known that their union violated state law, others may find out later that their marital union is invalid due to the circumstances surrounding the marriage or the prior relationship of one or two parties to a marriage. Understanding how to get an annulment in California can be an important first step to establishing that the marriage was invalid from the start.
Legal Grounds for an Annulment in California
An annulment treats the marriage as if it never existed, unlike divorce, which ends a valid marriage. There are eight primary reasons why a judge may grant an annulment in California. These include bigamy, fraud, incest, force, physical incapacity, and unsound mind.
Fraud is one of the most common grounds. A survey conducted by the National Domestic Violence Hotline revealed that emotional abuse, including manipulative behaviors, is reported by a significant number of individuals in intimate relationships. If fraud or coercion was involved in obtaining the marriage, an annulment may be appropriate.
Annulment cases in Orange County are handled at the Lamoreaux Justice Center, located at 341 The City Drive South, Orange, CA 92868. In Sacramento County, annulments are processed at the William R. Ridgeway Family Relations Courthouse, located at 3341 Power Inn Road, Sacramento, CA 95826.
Filing for an Annulment in California
The first step when seeking an annulment is to file a Petition for Nullity of Marriage (Form FL-100) with the appropriate Superior Court. The state has 58 counties, each with its own Superior Court system. Time limits can play a role in the filing, so consult with an attorney to see if you are eligible to annul your marriage.
After filing, you must serve the other spouse with the court papers so they have the opportunity to make a formal reply. If the other party does not reply, the petitioner can request a default judgment. If the case is contested, the court will set a hearing to determine whether an annulment should be granted based on the evidence that is presented.
Annulments constitute a very small percentage of cases. California’s divorce rate stands at approximately 6.9 per 1,000 women aged 15 and older. Although divorce is much more common than annulment, annulments are important legal tools for correcting marriages that never met the legal standards for validity.
Court Review and Final Judgment
The courts take annulment cases seriously due to the legal consequences involved. There can be lingering matters that have to be addressed, such as child support, child custody, and property division.
In fiscal year 2023, California collected around $2.5 billion in child support payments, much of it distributed directly to families. Even after an annulment, courts may require one parent to pay child support if children were born during the relationship. Child custody issues are decided based on the child’s best interests, without regard to the invalidity of the marriage.
Judges require compelling evidence before they will typically grant an annulment. Testimony, documentation, and other proof showing fraud, coercion, or other qualifying legal grounds must be presented along with supporting legal arguments. Regretting the decision to marry is not enough to secure an annulment.
FAQs
How Do You Qualify for an Annulment in California?
To qualify for an annulment in California, you must prove that your marriage was never legally valid due to specific reasons like fraud, force, unsound mind, physical incapacity, or bigamy. Filing a petition and presenting clear evidence supporting one of these legal grounds is necessary. Without strong evidence, the court will likely deny your request and leave the marriage legally intact.
What Are the Two Most Common Grounds for Annulment in California?
Fraud and unsound mind are among the most common grounds for annulment in California. Fraud involves hiding critical information before marriage, while an unsound mind refers to a lack of mental capacity at the time of the ceremony. Filing based on either ground requires presenting convincing evidence to the court. Courts will not annul a marriage without legally sufficient proof supporting the claimed ground.
Can I Get an Annulment if the Other Party Doesn’t Participate in the Court Process?
Yes, you can get an annulment even if the other party does not participate in the court process. You still have rights under state law that cannot be interfered with simply because the other party is unhappy with your request to annul your marriage. In these cases, the other party must still be served, and the courts may review the evidence and issue a default judgment.
How Much Does It Cost to Get an Annulment in California?
The cost of an annulment in California includes court filing fees and potential legal representation expenses. Filing fees are similar to divorce fees, and additional costs arise if the case becomes contested. Budget for court paperwork, service of process, and gathering evidence. Acting efficiently can reduce expenses, but complex annulments usually cost more than simple, uncontested filings.
How Long After a Marriage Can It Be Annulled in California?
In California, the deadline to file for an annulment depends on the reason. Under Family Code § 2211, if the request is based on fraud, you must file within four years after discovering the fraud. If it is based on force or physical incapacity, you must file within four years after the marriage. Some grounds, like bigamy or an unsound mind, have no strict deadline.
Move Forward With Confidence by Contacting Quinn & Dworakowski, LLP
Securing an annulment in California requires proving that your marriage was never legally valid. Whether the case involves fraud, coercion, bigamy, or incapacity, the burden of proof is high, and strict legal standards apply. Pursuing an annulment without experienced legal help can put important rights at risk.
At Quinn & Dworakowski, LLP, our family law attorneys are ready to help you pursue an annulment with the attention and strategy your case deserves. We can tailor our approach to meet your goals while keeping your future security as the central focus. Contact our office today to schedule a consultation.
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