How to Get an Annulment in California

What an annulment (nullity) actually means

An annulment—called a nullity in California—does not simply undo a short or regretted marriage because it lasted only a few days or weeks. An annulment treats the marriage as if it never legally existed, but California law allows that only in very specific situations. Time alone is not a legal basis for voiding a marriage.

Common myth: short marriages are automatically annulled

It’s a common misconception, reinforced by movies and TV, that a quick Vegas wedding can be erased the next day. In California, the length of the marriage is not a ground for annulment. Getting married for a short time or deciding the marriage was a mistake does not qualify you for a nullity. If none of the statutory grounds apply, the correct remedy is a divorce.

“Time is not a factor when asking for a nullity in California.”

The six legal grounds for annulment in California

California law lists six specific reasons a marriage or domestic partnership can be declared void. Each one must be proven in court, and the judge must issue the order. These grounds are narrowly applied and often difficult to establish.

1. Underage at the time of marriageIf the petitioner was under the legal age (typically under 18) and therefore lacked capacity to enter the marriage contract, the marriage can be voided. This ground focuses on the legal ability to consent at the time the relationship was formalized.
2. Prior existing marriageIf one party was still legally married to someone else when the new marriage was entered, the subsequent marriage can be voided. This is the most commonly successful ground for annulments because it is a straightforward legal bar to a valid marriage.
3. Unsound mindIf a party lacked the mental capacity to understand the nature and obligations of marriage—due to intoxication, mental illness, or another incapacity—the marriage may be voidable. Proving unsound mind is challenging and requires convincing evidence about the person’s state at the time of marriage.
4. FraudFraud must go to the heart of why the deceived person agreed to marry. Examples include marrying solely for immigration benefits or being lied to about a fundamental issue that directly affected consent. Minor deceptions usually will not meet the standard.
5. ForceIf one party was coerced or physically forced into the marriage, the marriage can be voided. Coercion must be significant enough to negate voluntary consent.
6. Physical incapacityThis ground addresses an inability to consummate the marriage. It is an older legal concept and rarely used today, but it remains on the books as a possible basis for annulment if one spouse was physically incapable of sexual relations at the time of marriage.

What to expect from the court process

Annulments are not automatic or informal. Each ground must be proven at a hearing, and the court evaluates evidence and testimony before issuing an order. Unlike an uncontested divorce based on irreconcilable differences, a nullity case usually requires active litigation and judicial approval.

Be prepared for the court to deny a nullity and instead grant a divorce if the evidence for annulment is insufficient. Judges often convert annulment claims into divorce proceedings rather than simply dismissing the matter.

Practical advice

• Don’t assume a short marriage equals an annulment. If none of the six grounds apply, the only option is divorce.
• If you believe one of the six legal grounds applies, gather evidence early—documents, witness statements, medical records, or immigration files can be critical.
• Consider consulting an attorney who handles family law in California. Annulment claims require proof at a hearing and are often more complex than they first appear.
• If you need a quick resolution for property, support, or custody issues, be aware that those matters are handled differently in annulment vs. divorce proceedings. Legal advice will help you choose the right path.

Bottom line

Annulments in California are limited to six statutory grounds. Regretting a marriage or its short duration does not qualify. If you think one of the grounds applies, be ready to prove it in court. If not, the legal remedy is a divorce. Understanding the difference up front will save time, stress, and unexpected legal surprises.