How to Get an Annulment in California

An annulment (or nullity) in California is a court order declaring that a marriage was never legally valid in the first place. Unlike divorce, which ends a valid marriage, an annulment wipes the legal slate clean as if the marriage never happened. But California judges can grant an annulment only for a specific legal reason (called "grounds"), such as bigamy, incest, fraud, or mental incapacity. A very short marriage isn't a legal reason for an annulment.

Here's an overview of how annulments work in California, including who qualifies, how to file, and what happens after a judge grants an annulment.

What Is an Annulment in California?

Annulments are a frequently misunderstood legal concept. An annulment is different from a divorce. When a marriage is annulled, it's like it never happened in the eyes of the law. A divorce, on the other hand, ends a legally valid marriage.

It's also important to distinguish civil annulments from religious annulments. Religious annulments are granted by a church or clergy and have no legal effect. Only a civil court can grant a civil annulment.

California recognizes two types of invalid marriages: void and voidable marriages.

What Are Void Marriages in California?

Void marriages are automatically invalid from the start. No court action is strictly required to end a void marriage, though a court judgment makes the invalidity official and enforceable. A void marriage in California is a marriage that involves:

• incest (marriage between close blood relatives), or
• bigamy (either spouse was already married to someone else).

(Cal. Fam. Code §§ 2200, 2201 (2026).)

What Are Voidable Marriages in California?

Voidable marriages are valid until a judge annuls them. The grounds for a voidable marriage in California include:

• underage marriage (one spouse was younger than 18 years old and didn't have court permission to marry)
• bigamy (one spouse was already married, but their former spouse was missing for at least five years or was believed to be dead)
• unsound mind (one spouse had a mental condition that prevented them from understanding what marriage means)
• fraud (one spouse tricked the other into getting married)
• force (one spouse pressured or threatened the other into getting married), and
• physical incapacity (one spouse is physically unable to consummate the marriage and the condition can't be cured).

(Cal. Fam. Code § 2210 (2026).)

California Annulment Deadlines: How Long Do I Have to File?

California sets strict deadlines for filing an annulment. The deadline is four years in most cases, but the clock starts running at different points. For example, in situations involving fraud, the deceived spouse has four years from the date of discovering the fraud to file for an annulment. For situations involving force or physical incapacity, the four-year clock starts from the date of the marriage. If you were underage at the time of the marriage, you have four years after turning 18 to file, but if your parent or legal guardian wants to file for you, they have to do it before you turn 18.

For situations involving voidable bigamy (sometimes called "absent spouse bigamy"), you can file for an annulment at any time, as long as both spouses are alive. The same is true if you're filing for an annulment based on a spouse's unsound mind at the time of the marriage.

For marriages that are void from the start (incest, standard bigamy), there is no deadline. You can ask a judge to declare these marriages invalid at any time because they were never legally valid to begin with.

Even if you file within the deadline, you can lose your right to an annulment if, after learning about the grounds for the annulment, you voluntarily continue living with your spouse as a married couple (called "cohabitation"). California courts treat this as legal acceptance of the marriage.

(Cal. Fam. Code §§ 2210-2212 (2026).)

Who Can File for an Annulment in California?

Under California law, not everyone has the right to file an annulment. In some cases, only the spouse who was harmed or disadvantaged can file. For example, the spouse who was defrauded can file for fraud, or the spouse who was pressured into the marriage can file for force.

For other grounds, the right to file extends beyond the spouses themselves. If the marriage involved an underage spouse, the underage spouse or that spouse's parents or legal guardian can file. If one of the spouses had an unsound mind at the time of the marriage, a relative or conservator of that spouse can file for an annulment. If the marriage is voidable based on bigamy, either spouse or the prior spouse who was missing or presumed dead can seek to annul the marriage.

For marriages that are void from the start (incest and standard bigamy), either spouse can ask a judge to declare the marriage invalid. In bigamy cases, the prior spouse can also ask a judge to declare the later marriage invalid.

(Cal. Fam. Code §§ 2201, 2211 (2026).)

What Happens After a California Annulment?

In California, the standard rules for dividing property and alimony (spousal support) don't apply to annulments. However, if either spouse reasonably and truly believed that they were in a valid marriage, a judge can declare them a "putative spouse" and split up the couple's property and debt fairly and order one spouse to pay the other spousal support.

Children's rights aren't affected by an annulment. Either parent can ask for orders on child custody, visitation, and child support, just as they would if they were getting a divorce.

(Cal. Fam. Code §§ 2251, 2254 (2026).)

How Do I Get an Annulment in California?

The process for getting an annulment in California is similar to filing for divorce. The Judicial Branch of California provides detailed, step-by-step instructions and the forms you need to start an annulment case. Some courts have additional local forms that you must file, so be sure to check with your court clerk's office.

The person asking for the annulment (called the "petitioner") has the burden of proving to a judge that there's a valid legal reason to annul the marriage. Even if both spouses agree that the marriage should be annulled, the person asking for the annulment still has to go to court and present evidence. If you want the judge to divide your property or order spousal support, you'll also have to prove that you're a putative spouse.

If you have questions, talk to a local divorce attorney or visit your court's self-help center or family law facilitator.