Annulment vs. Divorce in California: How to Get an Annulment, the Grounds, and the Deadlines

By Leon F. Bennett, Esq. | Family Law Attorney, Woodland Hills, CA | 40+ Years of Experience

What is the difference between an annulment and a divorce in California? A divorce ends a valid marriage; an annulment is a court ruling that the marriage was never legally valid in the first place. To learn how to get an annulment in California, you first need to know that it is harder to obtain than a divorce: you must prove one of eight specific legal grounds under Family Code §§ 2200–2210, four of those grounds expire four years after the wedding or after you discover the problem, and a judge must hear your evidence even if your spouse never responds. Divorce requires none of that — but it does require a six-month waiting period and California residency, and an annulment requires neither.

Annulment vs. Divorce in California: The Short Answer

The two proceedings answer different legal questions.

A divorce (called a dissolution of marriage in the Family Code) asks the court to end a marriage that was valid when it started. California is a no-fault state, so the only ground most people ever cite is “irreconcilable differences” under Family Code § 2310. Nobody has to prove anything about why the marriage failed.

An annulment (a judgment of nullity) asks the court to declare that a legal marriage never existed. Under Family Code § 2212, the judgment “restores the parties to the status of unmarried persons.” Because the court is being asked to erase a marriage rather than end one, the law requires a reason — and the reason has to be one the Legislature has written into the Family Code.

That is the central trade-off. An annulment is faster and comes with no waiting period, but you have to qualify for it and you have to prove it.

Annulment vs. Divorce: Side-by-Side Comparison

	Annulment (nullity)	Divorce (dissolution)
Legal effect	Marriage declared invalid from the start	Valid marriage is terminated
Grounds	One of 8 statutory grounds must be proven (Fam. Code §§ 2200, 2201, 2210)	Irreconcilable differences — no proof required (§ 2310)
Residency requirement	None	6 months in California, 3 months in the filing county (§ 2320)
Waiting period	None — judgment can be entered as soon as the hearing is held	6 months from the date the respondent is served (§ 2339)
Deadline to file	Yes — varies by ground; 4 of the 8 grounds expire after 4 years (§ 2211)	None
Court hearing required?	Yes — a judge must hear evidence even if the other spouse defaults	No — an uncontested or default divorce can be finalized on paperwork
Community property	None, unless a spouse qualifies as a “putative spouse” who believed in good faith the marriage was valid (§ 2251)	All community property divided equally (§ 2550)
Spousal support	Only available to a putative spouse (§ 2254)	Available under the § 4320 factors
Child custody and support	Court can order both in the same case; children keep all legal rights (§ 2010)	Court can order both in the same case
Right to remarry	Immediately after the judgment is entered	After the judgment is entered — never sooner than 6 months after service
Court filing fee (2026)	$435 statewide; a few counties add a local surcharge	$435 statewide; a few counties add a local surcharge
Marital status afterward	“Single” (never married)	“Divorced”

Two numbers in that table do most of the work when clients decide between the two. A divorce cannot be final in fewer than 182 days from service; an annulment has a zero-day waiting period. And an annulment requires at least one court hearing even when nobody contests it; an uncontested divorce requires none.

The 8 Grounds for Annulment in California

California divides invalid marriages into two categories, and the category determines how urgent your filing is.

Void marriages (invalid automatically)

A void marriage is treated as though it never happened. Either spouse can ask the court to confirm that at any time, and there is no deadline.

1. Incest (Family Code § 2200) — marriages between parents and children, ancestors and descendants, siblings and half-siblings, and aunts/uncles and nieces/nephews.
2. Bigamy (Family Code § 2201) — a marriage entered while one spouse was still legally married to someone else.

Voidable marriages (valid until a judge rules otherwise)

A voidable marriage is legally valid until a court declares it null. These are the six grounds listed in Family Code § 2210, and each one carries its own filing deadline and its own rule about who is allowed to file.

1. Age — a spouse was under 18 and did not have the court order and parental consent that California requires for a minor to marry.
2. Prior existing marriage — a spouse’s earlier spouse had been absent and not known to be living for five years, or was generally believed dead, when the new marriage took place. (If the prior spouse was simply still married and alive, the marriage is void under § 2201, not voidable.)
3. Unsound mind — a spouse lacked the mental capacity to understand what marriage meant at the time of the ceremony.
4. Fraud — a spouse’s consent was obtained by a lie about something that goes to the heart of the marriage.
5. Force — a spouse’s consent was obtained by force.
6. Physical incapacity — a spouse was physically incapable of consummating the marriage and the condition appears incurable.

Four of the six voidable grounds come with a built-in defense: if the affected spouse learned the truth (or turned 18, or regained capacity) and then kept living with the other spouse voluntarily, the right to annul is usually lost. Continuing to cohabit is treated as ratifying the marriage.

What counts as “fraud” — the ground most people claim and most often lose

Fraud is the most frequently raised annulment ground in Los Angeles family courts and the one judges deny most often. The lie must go to the essence of the marital relationship, not merely to finances or character. California appellate courts have granted annulments where a spouse married solely to obtain immigration status with no intention of living as a married couple (In re Marriage of Rabie (1974) 40 Cal.App.3d 917), where a spouse concealed an intention never to have children, and where a spouse concealed an existing pregnancy by another man. They have refused them where the fraud concerned money: in In re Marriage of Meagher & Maleki (2005) 131 Cal.App.4th 1, a wife who married a man she believed to be a wealthy business partner was denied an annulment because misrepresentations about wealth and business dealings do not touch the essence of marriage.

The practical rule: if your spouse lied about something that would have made you say “I would never have married you had I known,” and that something is about children, sex, immigration motive, or an intention never to live as spouses, you likely have a ground. If the lie was about assets, debts, employment, or personality, you almost certainly do not — and a divorce is the realistic path.

How Long Do You Have to Get an Annulment in California? Deadline by Ground

This is the question that decides most cases, and it is the one no other page spells out. Family Code § 2211 sets a different clock and a different list of eligible petitioners for every voidable ground. Void marriages have no deadline at all.

Ground	Family Code	Void or voidable	Who may file	Filing deadline
Incest	§ 2200	Void	Either spouse	None
Bigamy (prior spouse alive and still married)	§ 2201	Void	Either spouse, or the prior spouse	None
Under 18 without required consent	§ 2210(a) / § 2211(a)	Voidable	The underage spouse; or a parent/guardian on the minor’s behalf	Underage spouse: within 4 years after turning 18. Parent/guardian: any time before the minor turns 18
Prior spouse absent 5 years or believed dead	§ 2210(b) / § 2211(b)	Voidable	Either spouse, or the former spouse	Any time during the life of the other spouse
Unsound mind	§ 2210(c) / § 2211(c)	Voidable	The affected spouse, or their relative or conservator	Any time before the death of either spouse
Fraud	§ 2210(d) / § 2211(d)	Voidable	Only the spouse who was defrauded	Within 4 years after discovering the fraud
Force	§ 2210(e) / § 2211(e)	Voidable	Only the spouse who was forced	Within 4 years after the marriage
Physical incapacity	§ 2210(f) / § 2211(f)	Voidable	Only the injured spouse	Within 4 years after the marriage

Three things in that table trip people up:

• The fraud clock starts at discovery, not at the wedding. A spouse who learns five years into the marriage that the other never intended to have children still has four years from that discovery to file. Force and physical incapacity, by contrast, run from the wedding date regardless of when the spouse decides to act.
• For fraud, force, and incapacity, only the wronged spouse can file. The spouse who committed the fraud cannot use it to escape the marriage.
• An annulment is not limited to short marriages. Nothing in § 2211 says the marriage must be recent. A twenty-year marriage can be annulled for bigamy. The myth that “annulments are for marriages under a year” comes from the practical reality that the four-year grounds are usually discovered quickly — not from the statute.

1. Match your facts to a ground and check the deadline. Use the table above. If your facts do not fit one of the eight grounds — or the deadline has passed — a divorce or legal separation is the correct filing, and attempting an annulment will cost you months.
2. Gather proof before you file. Annulment is the one family-law proceeding where the petitioner carries a true burden of proof. Collect text messages, emails, immigration paperwork, medical records, the prior marriage certificate, or witness declarations that establish the ground existed at the time of the wedding.
3. Complete the petition. File the same Petition form used for divorce — FL-100 — but check the box for “Nullity of marriage” and the specific ground. Attach a written declaration of the facts (form MC-025 or a pleading-paper attachment). File the Summons (FL-110) with it, and the FL-105 UCCJEA declaration if you have children under 18.
4. File in the Superior Court and pay the fee. The fee is $435 (waivable with form FW-001 if you qualify). Unlike a divorce, there is no six-month state or three-month county residency requirement, so a recent arrival to Los Angeles or Ventura County can file immediately.
5. Serve your spouse. A third party over 18 must personally serve the petition and summons, then file a Proof of Service (FL-115). Your spouse has 30 days to respond. If they do not, you may request a default — but the case still goes to a hearing.
6. Exchange financial disclosures if you want property or support orders. If you are asking the court to divide assets under the putative-spouse rule or to award support, both sides exchange the Preliminary Declaration of Disclosure (FL-140, FL-142, FL-150).
7. Request a hearing. This is the step that separates an annulment from a divorce. A California court will not enter a judgment of nullity on paperwork alone; as the California Courts self-help guide on annulment explains, you must appear and testify to the facts supporting your ground, even in a default. In Los Angeles County this is done by filing a request for trial setting; the clerk assigns a hearing date, typically a few months out depending on the courthouse.
8. Attend the hearing and obtain the judgment. The judge takes testimony, reviews your evidence, and either grants the nullity or denies it. If granted, the Judgment (FL-180) is entered with the nullity box checked and you are restored to single status that day. If denied, you can usually amend the petition to request a dissolution instead — many attorneys plead both from the outset for exactly this reason.

If any step involves a spouse who is out of state, out of the country, or unwilling to cooperate, our guide on how to file for divorce in California covers the service and default rules that apply equally to nullity cases.

What Happens to Property, Support, and Children After an Annulment

Because an annulled marriage never legally existed, there is technically no community property and no spousal support. California softens that result in two ways.

The putative spouse rule (Family Code § 2251). If a spouse believed in good faith that the marriage was valid — a woman who had no idea her husband was still married to someone else, for example — the court may declare her a “putative spouse.” Property the couple acquired during the marriage is then treated as quasi-marital property and divided exactly as community property would be. A putative spouse may also receive spousal support under § 2254 and attorney’s fees under § 2255. The spouse who knew the marriage was invalid gets none of these protections.

Children. Children of an annulled marriage are not affected. Parentage is established by the same presumptions that apply to any child, and under Family Code § 2010 the court in a nullity case has the same power to make child custody and child support orders that it has in a divorce.

What an annulment does eliminate is the automatic 50/50 presumption. For a spouse who brought significantly more into a short marriage, that is often the decisive reason to seek nullity rather than dissolution — and the decisive reason the other spouse will fight it.

When a Divorce Is the Better Choice Even If You Qualify for an Annulment

An annulment is not always the smarter filing just because it is available. A divorce is usually the better path when:

• You want community property or support and are not a putative spouse. If you knew the ground existed and married anyway, an annulment leaves you with nothing to divide.
• Your proof is thin. A contested annulment hearing on fraud can cost more in attorney time than an uncontested divorce, and a loss sends you back to the beginning.
• The marriage was long and finances are intertwined. Unwinding fifteen years of joint accounts, retirement contributions, and real estate under the putative-spouse doctrine is more complex than a standard community property division.
• You need a legal separation instead. Spouses who want to stay married for religious or insurance reasons but live apart should look at legal separation in California, which, like annulment, has no residency requirement.

Timing also matters. A judgment of nullity restores you to single status the day it is entered, whereas a divorce is bound by the six-month rule explained in our post on how long after a divorce you can remarry. And if your ground is force or physical incapacity, the four-year clock is running from your wedding date whether or not you have decided what to do. If you are near that line, filing a nullity petition that alternatively requests dissolution preserves both options.

Speak With a Family Law Attorney About Annulment in Los Angeles

Annulment cases are won or lost on two things: whether the facts fit a statutory ground, and whether you can prove it at a hearing. The Law Offices of Leon F. Bennett has handled both nullity and dissolution matters for more than 40 years from our Woodland Hills office, serving families throughout Los Angeles and Ventura County. If you are unsure which proceeding fits your situation — or your spouse has filed for one and you believe the other applies — speak with a divorce litigation attorney in Los Angeles before a deadline closes the door. Call (818) 888-7731 or request a consultation online.

Frequently Asked Questions About Annulment vs. Divorce in California

What is the difference between an annulment and a divorce in California?

A divorce ends a marriage that was legally valid; an annulment is a court judgment that the marriage was never valid. A divorce requires no proof beyond irreconcilable differences but carries a six-month waiting period and a residency requirement. An annulment has no waiting period and no residency requirement, but the petitioner must prove one of eight statutory grounds at a court hearing, and most of those grounds carry a filing deadline.

What are the grounds for annulment in California?

Two grounds make a marriage void from the start: incest (Family Code § 2200) and bigamy (§ 2201). Six grounds make a marriage voidable under § 2210: a spouse was under 18 without the required consent, a spouse’s prior spouse was absent five years or believed dead, unsound mind, fraud, force, and incurable physical incapacity. The ground must have existed at the time of the wedding.

How long do you have to get an annulment in California?

It depends on the ground. Fraud must be filed within four years of discovering the fraud. Force and physical incapacity must be filed within four years of the marriage. A spouse married under 18 has until four years after turning 18. Unsound mind can be raised any time before either spouse dies, and the absent-prior-spouse ground any time during the other spouse’s life. Void marriages — incest and bigamy — have no deadline.

Is there a time limit after the wedding to file for annulment in California?

Only for certain grounds. Force and physical incapacity must be filed within four years of the wedding date. Fraud is measured from the date of discovery rather than the wedding, so a fraud annulment can be filed many years into a marriage. There is no rule limiting annulments to short marriages.

Can you get an annulment without a hearing in California?

No. Unlike a divorce, which can be finalized on paperwork if it is uncontested or the other spouse defaults, a judgment of nullity requires the petitioner to appear before a judge and present evidence of the ground, even when the other spouse does not respond.

Does an annulment take less time than a divorce in California?

Usually. A divorce cannot become final until at least six months after the respondent is served, under Family Code § 2339. An annulment has no statutory waiting period; the timeline is set by how quickly the court can schedule the required hearing, which in Los Angeles County is typically a few months.

Do you have to live in California to get an annulment there?

No. The six-month state and three-month county residency rules in Family Code § 2320 apply to divorce, not to annulment or legal separation. A nullity petition can be filed in California as soon as a spouse is physically present.

Does an annulment divide property in California?

Not automatically. Because the marriage is treated as never having existed, there is no community property. However, a spouse who believed in good faith that the marriage was valid can be declared a putative spouse under Family Code § 2251, and property acquired during the marriage is then divided as it would be in a divorce. A putative spouse may also be awarded spousal support and attorney’s fees.

What happens to children after an annulment in California?

Nothing changes for the children. They remain the legal children of both parents, and the court in a nullity case has the same authority to issue custody, visitation, and child support orders that it has in a divorce.

Is lying about money grounds for annulment in California?

Generally no. California courts require that fraud go to the essence of the marriage — matters such as intent to have children, intent to live together as spouses, or marrying only to obtain immigration status. Misrepresentations about wealth, debts, employment, or business dealings have been held insufficient, most notably in In re Marriage of Meagher & Maleki (2005).

How much does an annulment cost in California?

The court filing fee is $435 in most counties, the same as a divorce; a small number of counties add a local surcharge. Fee waivers are available through form FW-001. Attorney’s fees vary with whether the annulment is contested, since a contested annulment requires an evidentiary hearing that an uncontested divorce does not.

What if the judge denies my annulment?

The case does not have to start over. A petition for nullity can be amended to request a dissolution of marriage instead, and many attorneys plead both from the beginning so that the court can grant a divorce if it finds the annulment ground was not proven.