California annulment laws let a court declare that a marriage was never legally valid, but only when a specific ground existed at the time of the ceremony. The formal name for the order is a judgment of nullity. Unlike divorce, which ends a recognized marriage going forward, an annulment treats the union as if it never happened, and the burden of proving that sits squarely on the person who files.
Grounds That Qualify
California divides invalid marriages into two categories, and the difference matters. A void marriage was never valid from the start; a voidable marriage is legally recognized until a judge annuls it.
Void Marriages
Two situations make a marriage automatically void. The first is marriage between close blood relatives, including parents and children, grandparents and grandchildren, siblings (including half-siblings), and uncles or aunts with nieces or nephews. This applies whether or not the parties knew about the relationship.1California Legislative Information. California Code FAM 2200 – Void Marriage The second is bigamy: one spouse was already legally married to someone else at the time of the new ceremony. There is a narrow exception where the prior spouse had been absent and believed dead for at least five consecutive years before the new marriage.2California Legislative Information. California Code Family Code 2201 – Void Marriage
Voidable Marriages
A voidable marriage looks valid on paper but can be undone if one of the grounds in Family Code 2210 applies:3California Legislative Information. California Code FAM 2210 – Voidable Marriage
- One spouse was under 18 at the ceremony and did not have the required parental or court consent.
- One spouse was of unsound mind and could not understand the nature of the marriage. The right to annul is lost if that person later regains capacity and freely continues living with the other spouse.
- One spouse’s consent was obtained by fraud that went to the heart of the marriage. Hiding a permanent inability to have children or marrying solely for immigration status with no intent to build a life together are common examples. Continuing to live with the other spouse after discovering the fraud waives the ground.
- One spouse was forced or physically threatened into the marriage. As with fraud, freely cohabiting after the coercion ends can waive it.
- One spouse was permanently and incurably unable to consummate the marriage at the time of the ceremony.
The cohabitation rule catches many people off guard. If you learn the truth and keep living together as a married couple, the court treats that as accepting the marriage. Acting quickly after the discovery matters.
One thing California annulment does not cover: a short marriage on its own. Length of the marriage is not a legal ground. If nothing on the list above applies, divorce is the path.
Deadlines for Filing
Family Code 2211 sets different windows depending on the ground:
- Fraud: within four years after the defrauded spouse discovers the fraud.4Justia. California Code Family Code 2210-2212
- Force: within four years after the marriage.
- Underage marriage: before the underage spouse turns 22. A parent or guardian can file on their behalf.
- Physical incapacity: within four years after the marriage, filed by the other spouse.
- Unsound mind: any time before the incapacitated spouse regains capacity and freely resumes living with the other spouse.
Void marriages based on bigamy or incest have no filing deadline, because the marriage was never valid to begin with. Miss a deadline on a voidable ground and the court will not annul the marriage, and it will not quietly convert your case into a divorce. You would have to file separately.
How Annulment Differs From Divorce
Several practical differences shape the choice between the two:
- Residency. Divorce requires six months in California and three months in the filing county. Annulment only requires that you be a current California resident when you file.5California Courts. Annulment
- Waiting period. Divorce carries a mandatory six-month cooling-off period after service. Annulment can be finalized as soon as the judgment issues.
- Burden of proof. California divorces are no-fault. Annulment requires evidence that a specific ground existed at the time of the marriage, and a judge must independently find the evidence sufficient even when both spouses agree.
- Property and support. In divorce, the court divides community property and can order spousal support. In annulment, those remedies exist only if a spouse qualifies as a putative spouse (explained below).
Filing and Serving the Petition
You file in the superior court of the county where you live. The core form is FL-100, the Petition for Marriage/Domestic Partnership, on which you check “Nullity” and identify the specific ground from Family Code 2210 or 2200.6California Courts. Petition – Marriage/Domestic Partnership (Family Law) (FL-100) You also file FL-110, the Summons, which gives your spouse 30 days to respond.7California Courts. Summons (FL-110) If you share minor children, add FL-105, the UCCJEA declaration about where the children have lived.8California Courts. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
The filing fee is $435, with a small courthouse construction surcharge in some counties.9Superior Court of California. Statewide Civil Fee Schedule Effective January 1, 2026 If you cannot afford it, file Form FW-001 to request a waiver based on public benefits, low income, or inability to cover basic needs and court costs.10California Courts. Request to Waive Court Fees
After filing, you must formally serve your spouse. The server must be at least 18 and not a party to the case. Personal service (handing the documents directly to your spouse) is the most reliable method. If your spouse cooperates, you can serve by mail using FL-117, the Notice and Acknowledgment of Receipt; service is complete on the date they sign.11California Courts. Serve by Notice and Acknowledgment of Receipt If the mailing is ignored, arrange personal service. Your spouse has 30 calendar days after service to file a Response on Form FL-120.
The Hearing
Even when both parties agree, you will appear before a judge and explain why the marriage was never valid.5California Courts. Annulment California presumes any marriage is valid, and the petitioner has to overcome that presumption with evidence. This is a real difference from an uncontested divorce, which can sometimes be finalized on paperwork alone.
Come prepared to testify to specific facts. For a fraud claim, that means what your spouse misrepresented, when you discovered the truth, and why the deception goes to something fundamental about the marriage. Supporting documents, correspondence, and witness testimony strengthen the case. If the evidence falls short, the petition is denied, and you would need to file for divorce separately if you still want to end the marriage.
Property, Support, and the Putative Spouse Rule
Because an annulment treats the marriage as though it never existed, there is technically no community property to divide. California bridges this through the putative spouse doctrine. Under Family Code 2251, if the court finds that one or both spouses genuinely believed the marriage was valid, it declares that person a putative spouse.12California Legislative Information. California Code FAM 2251 Property acquired during the union becomes “quasi-marital property” and is divided under the same community property rules that apply in divorce.
Only a spouse declared putative can request property division. If both spouses knew the marriage was invalid from the start, neither qualifies, and the court has no authority to divide assets or debts. Spousal support to a putative spouse is also available under Family Code 2254, calculated the same way as in a divorce.13California Legislative Information. California Code Family Code 2254
Where there is a real income gap, either party can ask the court to order the other to contribute to attorney fees under Family Code 2030. The test looks at access to funds and need for representation, and it applies in annulment cases just as in divorce.14California Legislative Information. California Code FAM 2030
Children
Annulment does not affect the legal status of children born during the marriage. California establishes parentage equally for every child regardless of whether the parents were ever validly married. Support and inheritance rights are unchanged. Custody and visitation are decided under the same “best interests of the child” standard used in divorce, considering each parent’s relationship with the child, the stability of each home, and any history of abuse or substance issues.
Tax Consequences
An annulment retroactively changes your marital status for federal tax purposes. Because the IRS treats the marriage as though it never existed, you must file amended returns on Form 1040-X for every prior tax year affected by the annulment that remains within the statute of limitations. On each amended return you change your filing status from married filing jointly (or separately) to single, or to head of household if you qualify.15Internal Revenue Service. Publication 504 (2025), Divorced or Separated Individuals
The general deadline for claiming a refund on an amended return is three years from when the original was filed or two years from when the tax was paid, whichever is later.16Internal Revenue Service. Filing Taxes After Divorce or Separation If you were married for several years, that can mean amending multiple returns. In some cases the status change increases your tax; in others it produces a refund. Running the numbers for each year before filing is worth the time.
Social Security Reinstatement
If you were receiving Social Security benefits on a former spouse’s earnings record and lost them because of the marriage that has now been annulled, those benefits can be reinstated. The SSA treats an annulment as confirmation that the subsequent marriage was never valid, and reinstatement takes effect as of the month the annulment decree issues, provided you file a timely application.17Social Security Administration. Reinstatement of Benefits When Marriage Terminates
This applies to divorced spouse benefits, widow or widower benefits, and surviving divorced spouse benefits. Contact the SSA promptly after receiving your annulment judgment, because filing delays can affect the effective date of reinstatement.