How To Get An Annulment

To get an annulment in California, you must file a petition with the court and prove that your marriage was invalid from the start.

Grounds for annulment include fraud, bigamy, underage marriage, or incapacity. The court will review your case to determine if an annulment is granted.

In 2022, 673,989 divorces and annulments were recorded across 45 U.S. states. That same year, 2,065,905 marriages occurred, with a marriage rate of 6.2 per 1,000 people in the U.S.

As you can see, divorces and annulments are common, and if you’re one of the many Americans facing these challenges, there is no shame in asking for help from a lawyer to guide you through the process and protect your rights. In fact, legal representation is a wise choice.

How to File for an Annulment in California

Filing for an annulment in California involves specific steps to ensure your request is processed correctly. Below is a guide outlining the key steps you need to take to successfully file for an annulment with an Orange County divorce attorney.

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1. Determine Eligibility

The first step in filing for an annulment is determining whether you meet the legal grounds required under California law. An annulment is only granted if the marriage is invalid from the start.

Common grounds for annulment include fraud, bigamy, incest, one spouse being underage at the time of marriage, unsound mind, physical incapacity, or force. Assess your situation carefully to determine if any of these conditions apply to your marriage.

The intricacies of each situation can be complicated, but consulting a lawyer from our law firm can help clarify whether you are eligible for an annulment.

2. Gather Required Documents

Once you’ve determined that you are eligible, the next step is to gather all the necessary documents to support your case. The most important document is your marriage certificate, which will be used as proof of the union.

You should also collect any evidence that supports your grounds for annulment. For example, if fraud is the reason for the annulment, gather documents, texts, or witness statements that prove fraudulent actions occurred.

Having all relevant documentation prepared and organized will simplify the filing process and increase your chances of success. Our lawyers will advise on what exactly you need specific to your situation.

3. File the Forms with the Court

Next, we’ll need to complete and file the appropriate forms with the court. In California, this typically includes the Petition for Annulment (FL-100) and any other supporting forms relevant to your case.

You will also need to pay a filing fee, which varies by county but is generally between $435 and $450. If you cannot afford the fee, we may be able to request a fee waiver for you.

We will file with the family court in the county where either you or your spouse resides.

4. Serve Your Spouse

After filing the forms, we serve your spouse with the annulment papers, which means having copies of the documents delivered to your spouse in person. California law requires that a third party (someone not involved in the case) serve the papers, or you can hire a professional process server to ensure they are properly served.

Once your spouse has been served, they will typically have 30 days to respond to the annulment petition.

5. Attend the Court Hearing

The final step in the annulment process is attending the court hearing, during which the judge will review the evidence presented and determine if the annulment should be granted.

We will help you prepare, but you will need to bring all supporting documentation and be ready to explain why your marriage meets the grounds for annulment.

Depending on the complexity of your case, the judge may make a decision at the hearing or request additional information before issuing a ruling. The court may grant or deny the annulment based on the evidence presented, so it’s important to be well-prepared and use our legal representation for support.

Find out how an Irvine divorce lawyer at our firm can guide and support you through your annulment

What is an Annulment?

An annulment is a legal process that declares a marriage null and void, meaning it was never legally valid to begin with. Unlike a divorce, which ends a valid marriage, an annulment essentially erases the marriage from a legal standpoint as if it never happened.

Annulments are granted only under specific circumstances, such as fraud, bigamy, incest, force, one spouse being underage, or incapacity at the time of the marriage. The legal implications of an annulment are significant.

Once an annulment is granted, both parties are considered never to have been legally married, which can affect issues like property division, spousal support, and inheritance rights. Because annulments are more limited in scope than divorces, it is essential to meet the strict legal requirements to qualify.

If you believe your marriage is eligible for annulment, seeking legal advice from the help of one of our divorce lawyers will ensure that the process is handled properly.

Annulment vs Divorce

Here are the key differences between annulment and divorce:

• Duration of Marriage: In California, there are certain cases in which annulments can only be pursued within the first four years of marriage, while divorces can end a valid marriage at any time.
• Legal Consequences: Since annulments treat the marriage as if it never existed, there is no division of property or spousal support involved. Divorce recognizes the marriage and involves asset division, spousal support, and custody arrangements.
• Reasons for Pursuing: Annulments are for invalid marriages due to reasons like fraud, bigamy, or incapacity. Divorce ends a legally valid marriage, often due to irreconcilable differences.
• When Appropriate: Annulments are suitable for marriages that were invalid from the start, while divorces are better for resolving legal matters in valid marriages, such as property division and custody arrangements.

What Are the Grounds for an Annulment in California?

To obtain an annulment, specific legal grounds must be met. Here are the recognized reasons for annulment in California:

• Incapacity Due to Mental Illness or Intoxication: If one spouse was unable to understand the nature of the marriage due to mental illness or intoxication at the time of the wedding, the marriage may be annulled.
• Fraud or Misrepresentation by One Spouse: An annulment can be granted if one spouse deceived the other about important aspects of the marriage, such as lying about the ability to have children or entering the marriage for immigration benefits.
• Underage Marriage Without Parental Consent: If one or both spouses were under the legal age of consent (18) and did not have parental or court approval, the marriage may be invalid.
• Physical Incapacity to Consummate the Marriage: If one spouse is physically unable to consummate the marriage and the other spouse was unaware of this incapacity at the time of marriage, an annulment may be granted.
• Bigamy or Polygamy: If one spouse was already married to someone else at the time of the marriage, the second marriage is not legally valid and can be annulled.

Each of these grounds provides legal justification for declaring a marriage void from the start.

If any of the above situations apply, contact our San Diego divorce attorneys to discuss your unique annulment case.

 How Long Does it Take to Get an Annulment?

The annulment process in California typically takes several months, but the exact timeline can vary based on several factors.

On average, an uncontested annulment may take anywhere from 3 to 6 months. However, contested cases where one spouse disputes the grounds for annulment can extend the process significantly.

Below are the states of the annulment process:

1. Filing the Petition: The process begins by filing a Petition for Annulment with the court. This can take a few weeks, depending on how quickly you gather the required documents and file the paperwork.
2. Serving the Spouse: The timing of this step can vary depending on the ease of locating and serving the other party.
3. Response Time: The spouse has 30 days to respond to the annulment petition. If they contest the annulment, the case could enter a longer discovery or trial phase, which may delay the process.
4. Court Hearings: If the annulment is uncontested, the court may schedule a hearing within a few months to review the petition and issue a decision. However, if disputes arise, multiple hearings may be required, which will prolong the timeline.

Additionally, there are some factors that can affect the timeline:

• Contested vs. Uncontested: A contested annulment takes longer due to additional hearings and legal arguments.
• Complexity of Grounds: Proving grounds like fraud or incapacity may require evidence and expert testimony, which can extend the process.
• Court Availability: Delays may occur due to court scheduling, especially in busier jurisdictions.

Overall, the annulment process can take anywhere from a few months to over a year, depending on the complexity of the case and the level of dispute between the parties.

How Long Do You Have to Get an Annulment?

Depending on the grounds for the annulment, there are specific time limits or statutes of limitations for filing an annulment. It’s important to act within these time frames to ensure your petition is considered valid.

• Fraud or Misrepresentation: You have four years from the date you discover the fraud to file for an annulment. For example, if your spouse deceived you about their intentions or ability to have children, you must file within four years of learning about their deception.
• Incapacity (Mental Illness or Intoxication): If one spouse was mentally incapacitated or intoxicated at the time of the marriage, you must file the annulment within four years of the marriage date.
• Underage Marriage: If one party was underage at the time of marriage and did not have parental consent, the underage spouse has four years from the date they turn 18 to file for an annulment.
• Physical Incapacity: If one spouse is physically incapable of consummating the marriage and the other spouse was not aware of that fact, you have four years from the date of marriage to file for annulment.
• Bigamy or Polygamy: There is no time limit for filing an annulment in cases in which one spouse is already married to someone else, as the second marriage is considered void from the beginning.

Consulting a lawyer here at Moshtael Family Law can help ensure you file within the appropriate time frame.

Why You Should Consider Hiring a Lawyer for Your Annulment

Filing for an annulment can be complicated, but hiring a Moshtael Family Law attorney can simplify and streamline the process.

• Understanding Legal Requirements: Annulments in California have specific legal grounds that need to be proven. Our experienced lawyers will help you determine if your case qualifies and guide you through the legal process to build a strong case.
• Handling Paperwork: The annulment process involves submitting forms and supporting documents, such as marriage certificates and proof of your annulment grounds. We will ensure everything is filled out correctly and submitted on time.
• Court Representation: If your annulment is contested or involves complex issues like fraud, having an attorney represent you in court is essential. We will present your case, handle any disputes, and work to achieve your best outcome.

By hiring a Moshtael Family Law attorney, you can simplify the process, avoid errors, and feel confident that your case is being handled professionally and efficiently. Our legal team will support you every step of the way to ensure your annulment goes as smoothly as possible.

Get Started on Your Annulment Today

If you’re considering annulling a marriage in California and want to learn about the grounds for annulment, we are here to help. Our experienced attorneys will guide you through the annulment process, ensuring you meet all legal requirements and that your rights are fully protected.

Whether you’re looking to annul a voidable marriage or want to understand the difference between annulment and divorce, our team can provide the legal support you need. Getting an annulment is a serious decision, and we’re here to help you handle it carefully and thoroughly.

We’ll walk you through each step of the process, explain whether you qualify for an annulment, and work to resolve your case efficiently.

Contact us today at either our Irvine or San Diego offices to get started on your annulment:

• Irvine: (714) 909-2561
• San Diego: (619) 639-9898

Let us protect your rights and help you move forward through this challenging process.