November 28, 2025
Marriage annulments in California are a legal process that declares a marriage null and void, as if it never existed. This differs significantly from a divorce, which terminates a valid marriage. Below, we explore the distinctions between annulments and divorces, the legal grounds for annulments in California, time limits for filing, the annulment process in Los Angeles, and the potential effects of an annulment.
An annulment differs from a divorce in that it establishes that a marital status never existed, whereas a divorce terminates a valid marriage. A divorce dissolves the bonds of matrimony based on causes arising after the marriage, while an annulment is based on causes existing at the time of the marriage. For example, an annulment decree declares the marriage void ab initio, erasing the marriage and its implications from the outset. In contrast, a divorce leaves intact the marriage relationship between the time of the marriage ceremony and the entry of the final decree . Whealton v. Whealton, 67 Cal. 2d 656, McDonald v. McDonald, 6 Cal. 2d 457, In re Marriage of Garcia, 13 Cal. App. 5th 1334.
In California, the legal grounds for annulments are outlined in . Cal Fam Code § 2210. A marriage may be annulled if any of the following conditions existed at the time of the marriage: one party was underage, one party was already married, one party was of unsound mind, consent was obtained by fraud or force, or one party was physically incapable of consummating the marriage. For instance, fraud must go to the very essence of the marriage relationship, such as concealing an intent not to have children or hiding a significant fact like sterility . Cal Fam Code § 2210, Turner v. Turner, 167 Cal. App. 2d 636, Handley v. Handley, 179 Cal. App. 2d 742, In re Marriage of Turfe, 23 Cal. App. 5th 1118.
The time limits for filing an annulment depend on the grounds. For example, an annulment based on fraud must be filed within four years of discovering the fraud. If the annulment is sought due to one party being underage, it must be filed before the underage party reaches the age of majority. For marriages involving bigamy, the action must be brought during the joint lives of the parties to the illegal marriage . Cal Fam Code § 2210, Stierlen v. Stierlen, 6 Cal. App. 420, Millar v. Millar, 175 Cal. 797.
The annulment process in Los Angeles follows the general California procedures for annulments. A petition for nullity of marriage must be filed in the appropriate court, and the petitioner must prove the grounds for annulment. The court will then issue a decree of nullity if the grounds are substantiated. During the proceedings, the marriage is treated as valid until the decree becomes final. Temporary orders, such as spousal support or property division, may be issued while the case is pending . Cal Rules of Court, Rule 5.76, Dunphy v. Dunphy, 161 Cal. 87.
The effects of an annulment are significant. Once a marriage is annulled, it is treated as though it never existed. This can impact property rights, inheritance, and spousal support. For example, annulment may automatically cancel a spouse’s rights under wills, trusts, and other legal instruments. However, the court may still address issues such as child custody and support if children were born during the marriage . Dunphy v. Dunphy, 161 Cal. 87, Cal Fam Code § 2024.
Marriage annulments in California are a distinct legal remedy that voids a marriage based on specific grounds existing at the time of the marriage. The process and implications differ significantly from divorce, and understanding the legal framework is essential for those seeking an annulment.
Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, APC. This article is not a solicitation.
Attorney Kenneth Ursua Reyes is a Board-Certified Family Law Specialist. He was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH U. REYES, APC is located at 3699 Wilshire Blvd., Suite 700, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kenneth@kenreyeslaw.com or visit our website at Kenreyeslaw.com