To get a marriage annulled in California, the person must file a petition showing a legal reason, otherwise known as the ground, such as fraud, bigamy, force, unsound mind, incest, or being underage, and serve it on the spouse. If the petition is granted, the marriage is treated as if it never happened. However, in the Court requires that the petitioner prove the ground based on evidence. Specific time limits apply to filing, and a lawyer's help is recommended due to the strict requirements and legal implications. Because I do not know the facts and circumstances specific to your matter, you may not rely on anything herein and you do so at your own risk and peril. This is not legal advice.
Legal Grounds for Annulment
A judge can only grant an annulment if there was a legal defect in the marriage from the very beginning. Common grounds include:
Bigamy: One spouse was already legally married to someone else at the time of the ceremony. Incest: The marriage was between close blood relatives. Underage Marriage: One or both parties were under 18 without parental consent or court approval. Fraud: One spouse lied about something crucial to the marriage, such as being married for immigration benefits or faking love. Force: One person was forced or threatened into the marriage. Unsound Mind: One spouse lacked the mental capacity to understand the marriage due to mental illness or intoxication. Physical Incapacity: One spouse was permanently unable to engage in sexual relations, and the other was unaware. Deadlines to start the Annulment Process
Common time limits for annulment in California
Forced marriage: You must file within four years of the marriage. Fraudulent marriage: You must file within four years of discovering the fraud. Physical incapacity: You must file within four years of the marriage. Underage marriage: You must file within four years of turning 18. Bigamy (existing marriage): You can file at any time while the first spouse is still alive. Unsound mind: You can file at any time before either spouse's death. The Annulment Process
Identify the correct county: Before even completing papers, figure out which county you will need to file papers in. File means give papers to the clerk of the court and the clerk accept those papers, proven by a clerk’s stamp on the top right of the first page of each document that is filed. You can search for the correct county here - File a Petition: Start by completing and filing court forms, a Petition for Nullity on California Judicial Council Form FL-, and a Summons on CJC Form FL-. If there is custody of minor children at issue, you must also complete, sign the declaration for custody on FL-. You may need to file local forms. Make two copies, go to the court, pay the fee and retain a stamped copy for yourself. You need to pay the fee, or complete and file a fee waiver, then attend the hearing and convince the court you are entitled to the fee waiver. The fee waiver form is on California Judicial Council Form . Serve Your Spouse: Get a third person to serve the papers. Those papers must include a blank Response Marriage / Domestic Partner Form on CJC form . Then have that person complete a proof of service, including date and signature, then file a proof of service with the Court. You can learn more about service at the Court’s link on . Generally, for most papers that you serve, you should file a Proof of Service showing you served those papers, even if you do not file the papers. The Proof of Service by mail form is on CJC Form and if you have an agreement for e-service on file and can e-serve, you can use . Remember, e-service is only available if the other party agrees and that agreement is filed. Also, a third person, not you must serve and complete the proofs of service. Await a Response: Your spouse has 30 days to respond after being served. If the spouse does not respond, you can proceed without them. If the spouse does respond, the spouse needs to be noticed on all the papers that you file with the Court. Again, you need to get a third party to “serve,” those subsequent papers, usually by mail, but email may be ok, if you have a completed agreement for e-service of CJC Form filed. If no response to petition: Request to Enter Default (Form ). You will also need to complete other forms, such as the Declaration for Default or Uncontested Judgment (Form ) and a Judgment (Form FL-). If response to a petition: The next steps depend on what the parties can or cannot agree to. The key questions are is money at issue and is there custody of a minor or minors at issue? If no, there should not be much to negotiate - get your spouse to agree and then file and serve the filing Waiver of Final Disclosures on Form , and make sure to have a third party serve it on your spouse, complete the proof of service and you must file that proof of service. If Finances are at issue - gather documents, complete & share with spouse, file declaration with the Court: If finance is at issue in the annulment, you will need to gather documents, including tax returns, bank statements, and other documents showing assets and liabilities. You can complete Declaration of Disclosure FL-140, Income and Expense Declaration , Schedule of Assets & Debts and/or Property Declaration . If the other side agrees, the two parties can mutually agree to waive the financial disclosures by filing Waiver of Final Disclosures on Form . These initial disclosures must be served in sixty (60) days or less after the petition or response, depending on what role you are. Go to Court: In some counties, the Court automatically schedules a hearing. In other counties, you must request a hearing by completing, file and and having a third person serve the Request for Hearing on form , check the other box and type hearing for annulment. Remember, you need to have that third party complete the Proof of Service and you need to file that completed proof of service. You need to gather, organize and be ready to admit into evidence your proof of the basis for annulment. File and Serve Notice of Entry of Judgment: Ultimately, you are seeking a Judgment of Annulment. Even if you get a judgment, you need to notify the other party of that judgment. You notify the other party of that judgment by (1) completing a Notice of Entry of Order or Judgment on Form ; (2) Attaching the Court’s signed Judgment; (3) getting a third person to mail or otherwise serve those documents on your spouse; and (4) taking those documents, plus a proof of service to the Court and filing them. Key Differences from Divorce
Legal Effect:
An annulment declares a marriage legally invalid from its inception, essentially erasing it from the record. A divorce dissolves a marriage that was valid but is now ending. Time Limits:
There are specific statutes of limitations for annulments, such as four years for fraud or underage claims. Marriages based on incest or bigamy are void and can be challenged at any time. There is no six (6) month residency requirement in the county to file, as there is in divorce, and there is not six (6) month waiting period from the date the papers were served as the earliest date the annulment can be final, as there is in divorce. Financial Implications:
The Court may still be able to divide property, if one of the parties subjectively and reasonably believed that the marriage was legitimate; that person is called the putative spouse. Custody
The Court can make custody orders in an annulment. Where & when to get help
It is highly recommended to work with a divorce attorney to ensure you are adequately prepared, especially since annulments are not easy to obtain and have significant legal consequences.
The Court’s sources of help can include
The California Superior Court’s website page for self-help - The California Superior Court’s website page for family law facilitators -
Sources:
California Self Help - Annulling a Marriage
Annulling a Marriage in California
