Understanding Marriage Annulment in California

Under California Family Code, a marriage annulment is a legal procedure through which a court determines that a marriage was invalid from the beginning. It is also known as a “nullity of marriage” and renders the marriage invalid or void. At its core is the notion that a fundamental problem existed at the time the marriage was performed, which rendered it null and void. An annulment legally erases a marriage and treats it as if it never happened.

An annulment is quite different from divorce, which is used to end a valid marriage legally. While a divorce or dissolution acknowledges a valid California marriage existed until the divorce, an annulment declares that the marriage was never legally valid despite the wedding ceremony. It can be likened to a divorce dissolving a legal contract that was created correctly, while an annulment is like the court judging that an agreement was never legally binding in the first place. However, annulments may remove some of the legal consequences and rights that would apply in a divorce.

Legally, annulments are used to provide a court judgment that the marriage was void or voidable, and restores the parties to their status before the marriage. As not everyone may obtain an annulment, the petitioner must prove any of the specific grounds under California law. These include:

• Force or fraud
• Lack of mental capacity
• Bigamy
• Underage marriage
• Incest

When the courts grant an annulment, it leads to some primary outcomes or results, such as the issuance of the annulment decree or "Judgment of Nullity", restoration of single status, child support, parental rights, division of property or debts, and, in some cases, spousal support.

Grounds for Annulment in California

Under Division 6, Part 2 of the California Family Code, there are two types of marriage eligible for annulment: void marriages and voidable marriages. A void marriage is considered invalid from the start and can be annulled at any time by anyone, while a voidable marriage remains valid till a court annuls it at the request of one of the parties.

The following are grounds for marriage annulment found in the California Family Code:

• Incestuous Marriage (Family Code § 2200): A marriage where the parties are closely related by blood or through adoption, including between parents and children or ancestors and descendants of every degree, is a void marriage illegal from the start.
• Bigamy (Family Code § 2201): California law only permits one marriage at a time; hence, a marriage is void if either party was already legally married to another person at the time of the marriage.
• Underage Marriage (Family Code § 2210(a)): A marriage is voidable if either party was under the age of 18 and did not receive parental consent to the marriage and a court order. The annulment petition can be filed by the underage party, their parents, or legal guardians.
• Lack of Mental Capacity (Family Code § 2210(c)): If one party lacks the mental capacity to understand the nature of the marriage and the duties or responsibilities it creates, the marriage is voidable. This can be due to alcohol or drug use, illness, or mental disability.
• Physical Incapacity (Family Code § 2210(f)): If one party is permanently, physically unable to enter the marriage state and the other party was unaware, the marriage is voidable. This court determined this as the inability to have sexual relations. The unaware party must file for annulment within 4 years of the marriage.
• Force or Coercion (Family Code § 2210(e)): A marriage is voidable if any of the parties consent to it was obtained by force or under duress.
• Fraud (Family Code § 2210(d)): If the consent of either party to the marriage was obtained by fraud or based on fraudulent misrepresentation, the marriage is voidable.

Grounds may not be accepted if the wronged party later agrees with the situation. For example, if later a party whose consent was obtained by force freely cohabits with the other person as a spouse.

Eligibility Requirements for an Annulment in California

Not everyone may file for an annulment in California; it seriously depends on the legal standing used as the basis for requesting the annulment. Unlike divorce, which is typically available for either spouse, the spouse requesting the annulment must have legal cause or standing to do so. This means the spouse requesting an annulment must be the person recognized as being hurt or negatively affected by the invalid marriage. For example, a petition to void an underage marriage can be filed by the underage spouse, their parents, or a legal guardian.

Eligibility requirements for filing for annulments are the conditions that must be met for the petition to be considered. These conditions range from residency requirements to relationship status and statute of limitations:

• The residency requirement is that the petitioner lives in California and has done so for at least 6 months.
• Most grounds for annulment have a statute of limitations of 4 years. For example, for a coerced or fraudulent marriage, the petition must be filed within 4 years of the marriage.
• Underage parties, their parents, or legal guardians may file against an underage marriage before they turn 18.

Even when grounds for annulment exist, the court may deny the petition if the spouse who filed it ratified the marriage after discovering the issue. Ratification means the injured or aggrieved spouse continues to voluntarily live with the other spouse and engage in the marriage with full knowledge of the problem. For example, discovering the fraud and choosing to remain in the marriage.

A religious annulment is a distinct and separate process from a civil annulment. An annulment from a spiritual body has no legal effect on the couple’s marriage status in the state. A civil annulment is the process by which a defective marriage in California can be dissolved, and it has no bearing on religious communities.

How to Get a Marriage Annulled in California

To get a marriage annulled in California, one follows a legal process similar to obtaining a divorce. However, it is based more on showing that the marriage was invalid from the start. While the specific path may differ if counties have particular forms or additional procedures, the general process and steps remain consistent.

To have a marriage annulled in California, the petitioner may take the following steps:

• The first steps are to determine if there are valid grounds for an annulment, figure out where to file, and obtain the required forms. The petition may be filed in the Superior Court in the county where either spouse lives. The required forms are the Petition (Form FL-100) and the Summons (Form FL-110). More forms may be needed if minor children are involved. It is also advised that petitioners contact the court clerk’s office, where they are filing the petition, for any county-specific forms or information. The petitioner will pay a filing fee, and the petition will be given a case number.
• After filing the petition, the petitioner is legally required to inform their spouse, the respondent in the case, about the annulment case. The petitioner cannot do this personally; they must arrange for another adult not involved in the case, a server, to hand-deliver a package containing copies of all the filed documents to their spouse, plus a blank Response Form (Form FL-120). The server should note the location, date, and time when the spouse was served and use that information to fill out the Proof of Service form (FL-115). The petitioner should file the proof of service with the court and keep a copy.
• The spouse has 30 days to file the response in court to contest the annulment or its terms. If there is no response after 30 days, the petitioner may continue without them in a default case, where the court typically grants the annulment according to the original petition. If a response is filed, the annulment becomes contested, and the process becomes longer and more complicated, often needing hearings and negotiations to resolve disputes raised in the response. Usually, a court date will be decided for the judge to hear arguments from both sides.
• Both spouses are legally required to exchange financial disclosure during the negotiations using financial declaration forms and decide a fair division of property and assets acquired during the marriage. Negotiations and mediation may be used to reach a settlement and avoid a trial.
• The final step is obtaining the official documentation from the court. During the final hearing, a final set of documentation is prepared, the Judgement of Nullity, and the Declaration for Default or Uncontested Dissolution or Legal Separation. The judge reviews all the paperwork, ensuring that all is in order, the grounds for annulment are met, and financial settlements were handled correctly. After everything is approved, the judge signs the Judgment of Nullity. The clerk will enter the judgment, and a Notice of Entry of Judgment will be mailed to each spouse. The notice serves as legal proof that the marriage has been annulled and their single status is restored.

Tips on how to start an annulment case in California and some required forms can be found in the California Courts Self-Help Guide.

Required Forms and Documentation for an Annulment in California

The following are the required forms and documentation for an annulment case in the State of California:

• The Petition — Marriage/Domestic Partnership (form FL-100). This is the form that starts the process, describing the case and stating the grounds for the annulment.
• The Summons (FL-110). This form informs the spouse that a case has been initiated and they have 30 days to respond.
• If the couple has children who are still minors, the petitioner must file a Declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105).
• A Response - Marriage/Domestic Partnership (form FL-120) for the spouse to respond to the original petition.
• A Proof of Service of Summons (form FL-115) as proof that the spouse was served with the petition and all relevant documentation.
• The Income and Expense Declaration (Form FL-150), Schedule of Assets and Debts (Form FL-142), and the Property Declaration (Form FL-160) are the declaration of disclosure forms. These are to identify assets and ensure a fair division of assets from the marriage.
• The Declaration for Default or Uncontested Judgment (Form FL-170) is used in default or uncontested cases where a response was not filed. It summarizes the case for the judge before they sign the final judgment.
• The Judgment of Nullity (FL-180) is the actual decree of annulment that the judge signs, which legally declares the marriage void and details the court’s orders on all aspects of the annulment.
• The Notice of Entry of Judgment (Form FL-190) is the document that shows that the court clerk has officially entered the judgment. A copy is mailed to each spouse as proof of the annulment.

These forms are generally available from official court sources, such as the Family Law Office at the County Court, where the cases are filed, or online on the Forms page of the California Courts' official website.

Specific supporting evidence may be required when proving grounds for the annulment, such as the following:

• Birth certificates, passports, and other documents showing blood relationship for incestuous marriage annulments.
• A copy of the other spouse's previous marriage certificate for a petition claiming bigamy.
• Affidavits, emails, text messages, and other documents proving the deception for a fraudulent marriage.
• A birth certificate for the minor spouse to prove an underage marriage.
• For lack of physical or mental capacity, the petition may provide medical records, affidavits, and testimony from doctors or other witnesses proving the physical disability or showing impaired mental state at the time of the marriage.

Where to File for an Annulment in California

In California, annulments are filed at the Family Law Division of the local Superior Court for a county where the spouse resides or where the petitioner has lived for 3 months. The procedure is generally the same, but different jurisdictions may have specific aspects that vary according to the county. Counties may have local rules, such as filing procedures, additional documentation, submitting paperwork, and scheduling hearings, which may be based on jurisdiction.

Annulment Timelines and Waiting Periods in California

The duration for annulment cases in procedure is set and can vary widely. However, it is typically affected by the mandatory waiting period and the complexity of the case. California implements a statewide waiting period for legal separations and other similar procedures under California Family Code § 2339 (a). This 6-month waiting period means that even in the most uncomplicated and uncontested annulment case, a judge cannot grant the annulment or sign the final judgment until at least 6 months have passed since the respondent was formally served with the annulment petition.

Due to the shared 6-month waiting period, divorces and annulments operate on a comparable timeframe. For uncontested divorces and annulments, the quickest possible time to completion is right after the time period elapses. The complexity of a case is a more serious determinant of how long annulments and divorces may take if they are contested. A contested annulment may take as long, if not longer, than a similar divorce if the grounds are contested and negotiations for assets and property become complicated.

Factors that can speed up or delay an annulment will typically depend on the type of case, whether it was contested or uncontested, and the petitioner's general preparedness for the procedure. Some factors that may delay a case include the following:

• A contested annulment will typically take more time, as challenging the legal basis for the annulment requires collecting witness testimony, evidence, and likely an actual trial. This may considerably delay an annulment for up to a year or more.
• If the petitioner fails to file documents or serve the respondent promptly or adequately. The six-month clock starts to count down after the respondent is formally served. Failing to do this quickly or delaying this will directly slow the case.
• The court will not finalize an annulment if there is missing or incorrect paperwork or if primary evidence or disclosures are missing. The petition will be rejected and must be re-filed. Each rejection will delay the case, sometimes for weeks.
• Delayed negotiations over financial details, such as asset division or spousal support, may require hearings or mediation, which may further delay the case.
• Administrative issues, such as heavy caseload and backlogs at the county family law division where the case was filed, may cause delays in a judge reviewing paperwork or receiving hearing dates.

Factors that may speed up annulment proceedings in California include the following:

• A default case or uncontested annulment, where the respondent does not file a response, is the quickest and most efficient type of annulment. The petitioner simply has to prepare all the relevant documentation and submit it immediately after the waiting period has passed.
• Suppose both parties agree on the grounds for the divorce and settle all financial issues, such as support and asset division, quickly. In that case, the annulment may be finalized immediately after the 6-month mark.
• The parties having all the complete forms filled accurately and other paperwork, such as financial disclosures, properly exchanged and reviewed from the beginning, shortens the time needed to review them and prevents any delays caused by rejected documents.

Costs and Court Fees for an Annulment in California

The cost of an annulment in California may vary from a few hundred dollars to thousands, depending on the particulars of the case. Factors that may affect the costs of an annulment include the case being contested and whether the parties hired lawyers.
Baseline costs for initiating and concluding an annulment in the California Superior Court are as follows:

• The first fee is the initial filing fee to open the case officially. This is the filing fee paid when the petition form (FL-100) is filed. The amount set by the state is $435-$450, depending on the county.
• To file a response to the petition using the response form (FL-120), the other spouse must also pay the filing fee of $435-$450.
• Some counties charge an extra fee to prepare the final judgment documentation, typically around $50.
• The petitioner will be required to pay a professional process server or request that the local sheriff’s office deliver the initial court package to the other spouse. This typically costs between $50 and $150.

These fees are subject to change; hence, interested parties are advised to look up the current fees in the Family Law section of the California Superior Court, Statewide Fee Schedule.
Some counties may require the couple to take financial counselling classes or the parents of minors to attend an online co-parenting course. These may cost up to $150, depending on the type and length of the course.

Attorney fees are the most variable and usually the highest expense in annulment cases. For uncontested cases that are straightforward, lawyers may charge a flat fee to handle all the paperwork. This can range between $1,500 and $5,000. When the annulment is contested, the lawyer will usually charge an hourly rate of between $300 and $500 per hour. This can quickly reach thousands of dollars if the case involves a trial, discovery, and extensive negotiations.

If either of the parties cannot afford to pay the court fees, they may apply for a fee waiver. Eligibility for a waiver is based on the applicant’s income and whether they receive any public benefits. To apply for the waiver, the applicant files two forms: the Application (FW-001) and the Order on Court Fee Waiver (FW-003). If granted, the court waives all fees, including filing fees, process serving fees from the sheriff’s office, and other court costs.

Another way to save costs during annulment cases is self-representation instead of hiring a lawyer. However, this option is only realistic for simple, uncontested cases when the other spouse is not contesting the annulment. The petitioner will be responsible for learning the court procedures, filling forms correctly, submitting them, and meeting all other court deadlines. For help with self-representation, interested parties may consult the California Courts Self-Help Guide.

After the Annulment: What Happens Next?

Several things happen as a result of an annulment being granted. The most important effect is the declaration that the marriage never existed. This “void from the beginning” (void ab initio) ruling has a wide range of consequences, ranging from asset division to taking care of minor children:

• Once the Judgment of Nullity is entered, both parties are immediately restored to single status and treated as if they never married.
• Both parties are free to remarry immediately; the judgment serves as proof that there is no existing marriage.
• Property division is one significant way in which annulments differ from divorce. Since a legal marriage did not exist, there is no community property, so the court does not automatically divide assets between the spouses. Assets are usually awarded to the person whose money purchased them or who holds the title to the property unless the other spouse can prove otherwise.
• The court may grant a request for a name change as part of the annulment judgment. Hence, if any party took the other’s last name during the marriage, they can have it legally restored.
• Children born during the marriage are considered legitimate for all purposes, and the annulment has no effect on the parents’ responsibilities and the parent-child relationship. Both parents retain their legal rights, and the court will make orders regarding physical and legal custody, as well as support based on the child’s best interests.
• Since there was no valid marriage, a party may not receive spousal support. However, California provides an alternative, where the court awards support payments based on the principles of equity and fairness. This is referred to as the Merritt award and prevents one side from being left with financial burdens after years of cohabitation.

It should be noted that although the previous marriage may still appear in vital records, the annulment judgment is a separate court order that supersedes it.