An annulment (legally called a “nullity of marriage” in California) is different from a divorce.
Instead of ending a valid marriage, an annulment means the court officially declares that the marriage was never legally valid in the first place.
If a marriage is annulled, it’s as if it never happened — legally speaking.
To get an annulment in California, you must prove very specific legal grounds. Unlike divorce, where “irreconcilable differences” are enough, you must have one of these reasons:
Grounds for Annulment in California
- Bigamy: One spouse was already married to someone else.
- Incest: The spouses are close blood relatives.
- Underage: One or both parties were under 18 years old at the time of marriage and did not have parental or court consent.
- Fraud: One person lied or hid something essential that goes to the heart of the marriage (e.g., marrying only for a green card, or hiding inability to have children).
- Force: One person was forced into the marriage against their will.
- Unsound Mind: One person was unable to understand the nature of marriage (due to mental illness, intoxication, etc.).
- Physical Incapacity: One party was physically unable to consummate the marriage — and the incapacity is incurable.
Important Things to Know
- Annulments aren’t automatic — you must file and prove the legal grounds.
- There are time limits (called statutes of limitations) for some annulments — e.g., fraud must be acted on within 4 years after discovering it.
- Property and financial rights are handled differently than in a divorce — because legally, if a marriage is voided, there might not be “community property.”
Real-Life Case Studies
Case Study 1: Fraud — Hidden Motives
Facts:
Sophia married Alex, believing they were starting a family. Shortly after the wedding, Sophia found out Alex married her only to get a green card and had no intention of staying in a real marital relationship.
Outcome:
Sophia successfully filed for an annulment based on fraud. The marriage was voided because the deception went to the heart of the relationship.
Case Study 2: Underage Marriage — No Consent
Facts:
Jason, age 17, married Ella, 19, without permission from his parents or the court.
Outcome:
Because Jason was under 18 and didn’t get legal consent, he could file for an annulment. If he wanted, his parents could have also filed for him before he turned 18.
Case Study 3: Unsound Mind — Temporary Incapacity
Facts:
At their wedding in Las Vegas, Chris was heavily intoxicated and didn’t even remember getting married to Taylor the next day.
Outcome:
Chris could file for an annulment on the grounds of unsound mind, showing that he couldn’t understand what he was agreeing to at the time of the marriage.
In Short:
An annulment is available in California but only in specific cases, and you must prove your reasons.
It’s not simply a “shortcut divorce” — it’s a legal declaration that a marriage was never truly valid.
Understanding Annulments in California
Going through a breakup is hard enough, but sometimes it’s not just about ending a marriage — it’s about realizing that the marriage wasn’t legally valid to begin with. That’s where an annulment comes in.
In California, getting an annulment means the court declares that your marriage was never legally real. If the court grants it, it’s as if you were never married at all.
But — and this is important — you have to meet very specific legal reasons to get one.
When Can You Get an Annulment in California?
You can’t get an annulment just because you regret getting married or because things didn’t work out. California law only allows annulments for certain situations, including:
- Bigamy: One spouse was already married to someone else.
- Incest: The spouses are close blood relatives.
- Underage marriage: One (or both) were under 18 and didn’t have court or parental permission.
- Fraud: One spouse lied about something major — like marrying only for immigration benefits, hiding infertility, or faking love.
- Force: You were forced into the marriage against your will.
- Unsound mind: You were unable to understand what marriage meant (for example, because of mental illness or being heavily intoxicated).
- Physical incapacity: One spouse was physically unable to consummate the marriage — and it’s a permanent condition.
Some Things You Should Know
- You have to prove your reason. It’s not automatic.
- Timing matters — you must file within a certain number of years for some types of annulments (especially fraud and underage marriages).
- Property, spousal support, and financial rights are treated differently than in a regular divorce because, legally, the marriage never existed.
Real-Life Case Stories
Sometimes it’s easier to understand through examples. Here are a few real situations where annulments were granted:
Case 1: Fraud — Marriage for a Green Card
Sophia and Alex’s story:
Sophia thought she found her life partner. But after their wedding, she discovered that Alex had married her only to get a green card — and had no real intention of building a life together.
Result: Sophia filed for an annulment based on fraud. The court agreed that the marriage was invalid because Alex deceived her about the very purpose of the marriage.
Case 2: Underage Marriage — No Parental Consent
Jason and Ella’s story:
At 17, Jason married Ella, who was 19. His parents never gave consent, and no court approved it either.
Result: Because Jason was underage and didn’t have legal permission, he was able to annul the marriage once he realized the situation — and it was like the marriage had never happened.
Case 3: Unsound Mind — A Drunken Vegas Wedding
Chris and Taylor’s story:
Chris and Taylor had a wild night in Las Vegas that ended in a surprise wedding. The next morning, Chris barely remembered it.
Result: Chris filed for an annulment, arguing that he was so intoxicated he couldn’t understand the commitment he was making. The court agreed, and the marriage was voided.
Takeaway:
Annulments are very different from divorces. They’re not about emotions or disappointment — they’re about the law saying that, for very specific reasons, your marriage was never legally valid.
If you think an annulment might fit your situation, it’s a good idea to talk with a family law attorney who can help you figure out your options and next steps.