An annulment, called a nullity of marriage in California, is different from a divorce. A divorce ends a valid marriage. An annulment is a court order saying the marriage was never legally valid in the first place – as if it never happened. Annulments are far less common than divorces because you can only get one for specific legal reasons. This guide explains what those reasons (grounds) are, the deadlines to file, the forms and process, and how annulment compares with divorce and legal separation, so you can see whether it fits your situation.
CD&D Associates is a registered Legal Document Assistant service, not a law firm. This article provides general information, not legal advice. We prepare and file California family law forms at your direction. Always use the current Judicial Council version of each form and check your county’s local rules.
What Is an Annulment?
A California annulment declares that no valid marriage ever existed. That is a higher bar than a divorce, where no reason beyond irreconcilable differences is needed. For an annulment, you have to prove a specific legal ground, and you have to prove it even if both spouses agree they want one. A short marriage, by itself, is not a ground for annulment – the length of the marriage does not matter.
Grounds for Annulment: Void vs. Voidable Marriages
California law splits annulment grounds into two groups. Void marriages are treated differently from voidable marriages and generally are not subject to the same four-year filing deadlines. A voidable marriage is treated as valid until a court annuls it, and each voidable ground has its own timing rule to file.
| Type | Ground | Deadline to file (time limit) |
| Void | Incest (close blood relatives) | Generally not subject to the same four-year deadlines as voidable marriages |
| Void | Bigamy (a spouse was already married) | Generally not subject to the same four-year deadlines as voidable marriages |
| Voidable | Underage (a spouse was under 18 at the marriage) | Within 4 years after the underage spouse turns 18 (a parent or guardian may file before then) |
| Voidable | Prior spouse believed dead (absent-spouse bigamy) | Different timing rules apply – review the current California law for this ground |
| Voidable | Unsound mind (a spouse could not understand the marriage) | While both spouses are living (timing depends on the facts) |
| Voidable | Fraud (tricked into the marriage on something essential) | Within 4 years of discovering the fraud |
| Voidable | Force (married under duress) | Within 4 years of the marriage date |
| Voidable | Physical incapacity (unable to consummate, and it continues) | Within 4 years of the marriage date |
These grounds and time limits come from the California Family Code and can involve fact-specific rules. Continuing to live together as a married couple after you learn of a ground can affect your ability to annul. Confirm the current law for your situation on the California Courts website or with an attorney.
Annulment vs. Divorce vs. Legal Separation
Here is how the three options compare at a glance.
| Annulment | Divorce / Legal Separation | |
| Legal effect | Says the marriage was never valid | Ends (or formally separates) a valid marriage |
| Grounds needed | Yes – a specific void or voidable ground | No fault needed – irreconcilable differences is enough |
| Residency | No 6-month residency rule; live in California when you file | Divorce needs 6 months in CA and 3 in the county |
| Waiting period | No 6-month wait – single when the judgment is final | At least 6 months for a divorce |
| Property / support | Limited; usually only a putative spouse can get it | Standard community property and support rules apply |
If annulment requirements are not met, a legal separation or a divorce may be other available processes. Our guide on uncontested vs contested divorce explains the divorce path, and for short, low-asset marriages a summary dissolution may be an option for qualifying couples.
The Forms and the Process
An annulment case starts with the same petition used for a divorce, with the nullity of marriage option selected:
FL-100 – Petition – Marriage/Domestic Partnership. You file this petition and check the box asking for a nullity (annulment), stating the legal ground.
FL-110 – Summons. Notifies your spouse that the case has begun, the same as in a divorce.
From there, the broad steps are:
- File the petition (FL-100) with the nullity ground, plus the summons (FL-110), and pay the filing fee.
- Serve your spouse with the papers, just as you would in a divorce.
- Your spouse generally has 30 days to respond. Because you must prove the ground, an annulment needs a court date where you present evidence, no matter how (or whether) your spouse responds.
- If the judge is satisfied the ground is proven, the court grants the judgment of nullity.
For the full set of California family law forms, see our California divorce forms guide, and for filing costs see our divorce cost and filing fees guide.
No Residency Rule, No Six-Month Wait
Annulment has two practical differences from divorce. First, you do not need to meet the 6-month state and 3-month county divorce residency rule. You only need to live in California when you file, and an annulment can be filed in any county where either spouse lives. Second, there is no six-month waiting period: once the judge signs the judgment of nullity, you are single. That said, an annulment is often harder to obtain than a divorce, because you must prove a specific ground.
Property, Support, and the Putative Spouse
Because an annulled marriage is treated as if it never existed, a judge can divide property or order spousal support only if one spouse is found to be a putative spouse. A putative spouse is someone who honestly and reasonably believed the marriage was valid. A putative spouse can ask the court to divide property and debts and order support – but they have to prove they held that good-faith belief. If neither spouse qualifies as a putative spouse, the judge cannot divide property and debts or order spousal support in the annulment. This is one of the biggest trade-offs to understand before choosing an annulment over a divorce.
What About Children?
An annulment does not make children of the marriage illegitimate, and it does not cut off their rights. The court can still make custody, visitation (parenting time), and child support orders. In some annulment cases, because the marriage itself was not valid, you may first need to establish legal parentage before the court makes those orders. Children’s rights to support and a relationship with both parents do not depend on whether the marriage was valid.
How CD&D Associates Can Help
An annulment is paperwork-heavy and ground-specific, and the petition has to state the legal basis correctly. CD&D Associates prepares and files your California annulment paperwork – the FL-100 petition with the nullity ground, the summons, and service documents – based on the information and instructions you provide, as part of our family law document preparation service, at a flat fee for document preparation. We serve Santa Maria, Lompoc, Buellton, and all of California by phone or Zoom. Because annulments often require proving a ground in court, the California courts recommend consulting an attorney for contested or complex cases. Need help preparing annulment or divorce forms? Contact us for document preparation information.
Frequently Asked Questions
What are the grounds for an annulment in California?
A marriage can be annulled if it is void (incest or bigamy) or voidable (a spouse was under 18, a prior spouse was believed dead, unsound mind, fraud, force, or physical incapacity). You must prove the ground, even if both spouses agree.
How much does an annulment cost in California?
The court filing fee is usually about the same first-appearance fee as a divorce (around $435 to $450), and a fee waiver may be available. Because annulments often involve a hearing, total costs can be higher. A Legal Document Assistant can prepare the paperwork for a separate flat fee.
How long does it take to get an annulment in California?
There is no six-month waiting period like a divorce. Once the judge signs the judgment of nullity, you are single. The real timeline depends on proving the ground and your court’s schedule.
Is a short marriage enough to get an annulment?
No. The length of the marriage does not matter. You still need a specific legal ground, such as fraud or bigamy. A short marriage without an annulment ground would generally need another process, such as divorce; qualifying couples may also be eligible for summary dissolution.
What is the difference between an annulment and a divorce in California?
An annulment is a court order saying the marriage was never legally valid, and it requires proving a specific ground. A divorce ends a valid marriage and needs no fault. An annulment has no residency rule and no six-month wait, but it offers limited property and support protection unless a spouse is a putative spouse.
Do I have to live in California to file for an annulment?
You need to live in California when you file, but there is no six-month residency requirement for an annulment the way there is for a divorce.
