You can get an annulment in California, but only if you can prove your marriage had a specific legal defect when it took place. A California annulment (formally a “nullity of marriage”) treats the union as though it was never valid, which is different from a divorce ending a valid marriage.1California Courts. Annulment The grounds are narrow, most carry hard deadlines, and every case requires a judge to rule after a hearing. If you don’t fit one of the grounds, divorce is your only route out.
Void vs. Voidable Marriages
California splits invalid marriages into two categories, and the difference matters for what you have to prove and when you have to file.
A void marriage was never legal under any circumstances. Two situations qualify: marriage between close blood relatives (parents and children, grandparents and grandchildren at any distance, full or half siblings, and aunts or uncles with nieces or nephews),2California Legislative Information. California Family Code 2200 and bigamy, where one spouse was already legally married to someone else.3California Legislative Information. California Family Code 2201 Either spouse can bring the case at any time while both are alive. No deadline applies.
A voidable marriage is legally valid until a court says otherwise. If you have voidable grounds and don’t act, the marriage stays in effect.
Grounds for a Voidable Annulment
California recognizes five grounds for voiding a marriage, and each has its own conditions beyond proving the defect existed.4California Legislative Information. California Family Code 2210
Underage marriage. Either spouse was under 18 at the time and did not have a judge’s permission to marry. The underage spouse can seek the annulment, or a parent or guardian can act on their behalf.
Unsound mind. Either spouse lacked the mental capacity to understand what marriage is and what it obligates them to do. If the affected spouse later regained capacity and voluntarily continued living with the other spouse, the right to annul is lost.
Fraud. One spouse’s agreement to marry was obtained by deception, and the deception involved something central to the marriage itself. Concealing an inability to have children or hiding a major aspect of one’s identity is the kind of fraud courts recognize; ordinary lies about background or wealth generally are not enough. If the deceived spouse learned the truth and then continued the marriage anyway, the ground is gone.
Force. One spouse was coerced or threatened into the marriage. Same rule as fraud: if the forced spouse voluntarily continued the marriage after the coercion ended, they cannot annul it.
Physical incapacity. One spouse was physically unable to consummate the marriage at the time of the ceremony, and the condition is permanent.
The Cohabitation Trap
For fraud, force, and unsound mind, California law says you forfeit the right to an annulment if you freely continued the marriage after the problem came to light or was resolved.4California Legislative Information. California Family Code 2210 This is where many potential annulments quietly die. If you think you have grounds, waiting can close the door.
Filing Deadlines
Each voidable ground carries a separate clock. Once it runs, divorce becomes your only option.5California Legislative Information. California Family Code 2211
- Underage marriage: within four years of turning 18. A parent or guardian can file at any point before the minor turns 18.
- Unsound mind: no fixed deadline, as long as both spouses are alive. A relative or conservator can file on behalf of the affected spouse.
- Fraud: within four years of discovering the fraud.
- Force: within four years of the marriage.
- Physical incapacity: within four years of the marriage.
Void marriages (incest and bigamy) have no deadline.
How to File
Two forms start the case: a Petition (Form FL-100) and a Summons (Form FL-110), both free from the California Courts website.6California Courts. Start an Annulment Case7California Courts. Petition – Marriage/Domestic Partnership (Family Law) On the Petition, check the box for “nullity of marriage” and name your legal ground. If you and your spouse have children under 18, add Form FL-105, the UCCJEA declaration, which gives the court the background it needs before making any custody orders.8California Courts. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Before you fill anything out, gather the basics: full legal names and birth dates for both spouses, the date and place of the marriage, information about any children, and a list of property and debts acquired during the marriage.
File the originals and at least two copies at the superior court in the county where you or your spouse lives. The filing fee is $435 in most California counties; Riverside, San Bernardino, and San Francisco add a small local courthouse surcharge.9Superior Court of California. Statewide Civil Fee Schedule If you can’t afford it, apply for a waiver with Form FW-001. Waivers are available for people who receive public benefits, have low income, or can’t cover both basic needs and court costs.10California Courts. Request to Waive Court Fees
After the court stamps your paperwork, your spouse has to be formally served. You can’t do this yourself. A third party who is at least 18 and not involved in the case (a professional process server or a friend) has to personally hand the filed Petition and Summons to your spouse. Your spouse then has 30 days to file a written response.11California Legislative Information. California Code of Civil Procedure 412.20
The Hearing and Your Evidence
Every annulment ends in a hearing, even when both spouses agree.1California Courts. Annulment You have to show the judge why the marriage was never legally valid, and you have to bring proof. What counts as proof depends on the ground: medical records for physical incapacity, witness testimony for force, financial records or communications for fraud. If the judge decides the evidence doesn’t meet the legal standard, the annulment is denied and you remain married.
Property Division and Putative Spouse Status
Because an annulment declares the marriage never existed, community property rules don’t automatically apply. In theory, each person walks away with what they came in with and what they earned. That works badly when one spouse contributed to the household, paid joint bills, or helped acquire assets thinking the marriage was real.
California handles this through the putative spouse doctrine. If the court finds that a spouse genuinely believed in good faith that the marriage was valid, the court must declare that person a “putative spouse.”12California Legislative Information. California Family Code 2251 Property acquired during the relationship that would have been community property in a valid marriage is then treated as “quasi-marital property” and divided under divorce rules. The court can also order spousal support.
Good faith is the hurdle. Someone who knew from the start that the marriage had a fatal defect (for example, that their partner was already married) won’t qualify. The doctrine exists to protect the spouse who was deceived or kept in the dark.
Children Are Not Affected
Whether the marriage was valid, voidable, or void, an annulment does not limit the court’s authority over the children. A judge will make custody, visitation, and child support orders based on the children’s best interests, the same way a divorce court would. If parentage is unclear, the court can resolve that inside the annulment case.
Tax Fallout
An annulment creates a tax problem people rarely see coming. Because the IRS treats an annulled marriage as though it never existed, you cannot have filed jointly during it. You have to amend prior returns (Form 1040-X) for every tax year affected by the annulment that is still within the statute of limitations, changing your filing status to single or, if you qualify, head of household.13Internal Revenue Service. Filing Taxes After Divorce or Separation
The IRS generally accepts amended returns within three years of filing the original or two years after paying the tax, whichever is later. Depending on how long the marriage lasted, that can mean amending two or three years of returns. Moving from joint to single filing often raises the tax bill for at least one former spouse, so plan for the possibility of owing back taxes, interest, or penalties.
Immigration Consequences
If either spouse’s immigration status depends on the marriage, an annulment gets complicated fast. A non-citizen spouse holding a conditional green card based on the marriage will typically need to file Form I-751 with USCIS and prove the marriage was entered into in good faith even though it was later annulled. Joint bank statements, shared leases, and children’s birth certificates help. Without enough proof, the non-citizen spouse can lose the ability to move forward with the green card process.
Federal law protects victims of abuse. USCIS policy lets a “former spouse” of an abusive U.S. citizen or lawful permanent resident self-petition under the Violence Against Women Act, so an annulment does not automatically end eligibility for immigration relief in abuse cases.14USCIS. Policy Manual Volume 3, Part D, Chapter 2 – Eligibility Requirements and Evidence