When you discover your marriage may never have been legally valid, you need clear answers about your rights and options under California law. An annulment—formally called a “nullity of marriage”—is a court order declaring that your marriage was void or voidable from the very beginning, as if it never legally existed. This is fundamentally different from divorce, which ends a valid marriage. Understanding whether your situation qualifies for annulment requires careful legal analysis of specific statutory grounds, strict time limits, and substantial evidence.
If you’re facing a marriage situation that feels fundamentally wrong—whether you’ve discovered your spouse was already legally married to someone else, you were deceived about essential facts before the wedding, or the marriage occurred under circumstances that call its validity into question—you’re likely experiencing significant stress and confusion about your legal options.
You may wonder whether annulment is even possible in your case, what happens to property you’ve acquired together, how your children’s rights are protected, and whether the legal process will expose painful personal details. These concerns are valid, and you deserve straightforward guidance from someone who understands both the legal complexities and the emotional weight of what you’re facing.
As a Certified California Family Law Specialist with over 27 years of Los Angeles County courtroom experience, I’ve helped clients navigate the nuances of annulment proceedings when marriages are built on fraud, when one or both parties lacked the legal capacity to consent, and when other statutory grounds make the marriage invalid under California Family Code provisions. My dual background as a licensed CPA allows me to address the financial implications that arise when a marriage is declared void—particularly in cases involving business assets, commingled funds, or putative spouse claims.
Annulment cases are among the most evidence-intensive proceedings in family law. Unlike a divorce case where California’s no-fault system allows dissolution based simply on “irreconcilable differences,” an annulment requires you to prove specific legal grounds with persuasive evidence. The California courts do not grant annulment requests simply because a marriage was short, unhappy, or unfulfilling.
Here’s why my background serves Los Angeles annulment clients particularly well:
Certified California Family Law Specialist (CFLS) – This designation demonstrates advanced expertise in California family law, including the complex statutes governing void and voidable marriages, putative spouse doctrine, and property characterization in annulment cases.
Licensed CPA with Financial Expertise – Many annulment cases involve disputes over property, business interests, and support rights. My CPA training allows me to personally analyze financial records, trace commingled assets, and prepare credible presentations for judges when quasi-marital property is at stake.
27+ Years of LA County Superior Court Experience – From Stanley Mosk Courthouse downtown to district courts in Van Nuys, Pasadena, and Long Beach, I understand how Los Angeles County family law judges evaluate annulment evidence and what it takes to present a compelling case.
Spanish-Speaking Staff for Bilingual Support – Los Angeles is a diverse community, and many annulment situations involve cross-border marriages, immigration considerations, or family dynamics within Spanish-speaking households. Our office provides clear communication in Spanish so you can tell your story comfortably and understand every step of the legal process.
Experience with Both Contested and Uncontested Annulment Proceedings – Whether your spouse agrees that the marriage was invalid or plans to fight the nullity request, I can guide you through the entire process with strategic preparation for court hearings, discovery, and trial if necessary.
Understanding the legal procedure for annulment in Los Angeles County helps you know what to expect and how to prepare. Here’s a straightforward breakdown of how the process typically unfolds:
Step 1: Case Evaluation and Eligibility Determination
During our initial consultation, I’ll review your unique circumstances to determine whether your marriage qualifies for annulment under California law. This involves identifying the specific statutory grounds that may apply—such as fraud, bigamy, mental incapacity, or underage marriage—and assessing whether you can meet the required time limits. If annulment isn’t viable or carries significant risk, I’ll explain alternative options including legal separation or divorce so you can make an informed decision.
Step 2: Filing the Petition for Nullity with LA County Superior Court
To begin annulment proceedings, we file a Petition for Nullity of Marriage (using Judicial Council form FL-100 with the nullity option selected) along with a Summons (FL-110) with the Los Angeles County Superior Court. Unlike divorce, there’s no six-month residency requirement for annulment in California—if you live in California, you can file immediately. The petition and summons must then be properly served on your spouse by a non-party adult, giving them legal notice of the case.
Step 3: Evidence Gathering and Legal Argument Preparation
This is where annulment cases often become intensive. Proving your grounds requires collecting and organizing evidence such as:
Documents from the time of marriage (immigration filings, marriage license applications, prenuptial agreements)
Electronic communications revealing intent or deception (texts, emails, social media messages)
Medical or psychological records if mental incapacity or physical incapacity is at issue
Witness testimony from people who can speak to the parties’ intentions or circumstances
Financial records showing how the couple managed money and whether there was a good-faith belief in a valid marriage
Both parties typically must also exchange preliminary financial disclosures—even in annulment cases—because property rights, putative spouse claims, and potential spousal support may need to be addressed.
Step 4: Court Representation and Final Decree of Nullity
Most annulment cases in Los Angeles involve at least one court hearing. If your spouse contests the nullity, the case may proceed through case management conferences, settlement negotiations, and potentially trial. At the hearing or trial, I present your evidence and legal arguments to the judge, who evaluates whether the statutory grounds are proven. If the court is satisfied, it issues a Judgment of Nullity declaring your marriage void or voidable, along with any orders regarding property division, child custody, and support.
Annulment cases require a different skillset than straightforward divorce proceedings. Here’s what distinguishes my approach:
Dual CFLS and CPA Credentials for Comprehensive Analysis
When a marriage is declared void, the usual community property rules don’t automatically apply. But if you or your spouse qualify as a “putative spouse”—someone who believed in good faith that the marriage was valid—California courts may treat property acquired during the relationship as “quasi-marital property” and divide it similarly to community property.
This creates complex financial questions: How do you trace separate property contributions? What happens to a business that grew during a marriage later declared invalid? Are retirement contributions made during the relationship subject to division? My CPA background allows me to work directly with financial documents—tax returns, QuickBooks files, business valuations, equity compensation records—rather than outsourcing this analysis or only superficially understanding the numbers.
Deep Knowledge of LA County Court Procedures
Los Angeles County has enormous case volume, and family law judges are far more accustomed to divorce than annulment. They pay close attention to whether petitioners truly meet statutory grounds. Knowing how specific courtrooms schedule hearings, what evidence tends to persuade particular judges, and how to avoid procedural missteps that cause delays gives my clients a practical advantage in moving their cases forward.
Strategic Approach Balancing Emotional Needs with Practical Outcomes
Annulment cases are often emotionally charged. When you allege fraud or force, you’re effectively accusing your spouse of serious wrongdoing. That can strain co-parenting relationships, affect reputations, and create conflict that extends far beyond the courtroom. I help clients realistically evaluate the strength of their evidence, the risks of proceeding, and whether pleading both annulment and dissolution in the alternative—preserving a backup path to divorce if annulment isn’t granted—makes strategic sense.
“After I discovered my husband had never actually divorced his first wife before marrying me, I felt completely devastated and didn’t know what legal options I had. Mr. Green explained the bigamy annulment process clearly and helped me gather the documentation I needed to prove the prior marriage. He was compassionate about my situation while being completely professional in court. I got my annulment and could finally move forward with my life.” — Former Client, Downtown Los Angeles
“I was young and pressured into marriage by my family. Years later, I didn’t think I could do anything about it legally. Charles and his team helped me understand that I had grounds for annulment based on the circumstances of the marriage, and they guided me through every step. They were always available to answer my questions in Spanish, which made me feel comfortable during a very difficult time.” — Former Client, Van Nuys
“My ex tried to claim we had a real marriage to get property rights, but Mr. Green’s financial analysis showed the marriage was entered into for immigration purposes only. His CPA background made a real difference in court when we had to address business assets and accounts. I recommend him to anyone facing a complicated annulment.” — Former Client, Pasadena
California law recognizes specific legal grounds for annulment, divided into two categories: void marriages and voidable marriages.
Void Marriages
A void marriage is one that was never legally valid from the very beginning and is automatically invalid, though people often seek a court judgment to clarify their marital status and resolve related issues:
Incest – Marriage between close blood relatives (parent-child, siblings, uncle-niece) is void under California law.
Bigamy – If one spouse was already legally married to someone else at the time of the marriage, the second marriage is void.
Voidable Marriages
A voidable marriage is considered valid unless and until a court declares it invalid. These are the more commonly litigated annulment cases:
Fraud – The fraud must go to the essence of the marriage—something fundamental that would have caused you not to marry if you had known. Examples include marrying solely for a green card with no intent to live as spouses, concealing an intent never to have children, or hiding a serious criminal past. You must file within four years of discovering the fraud.
Force or Duress – If you were coerced into marriage through threats or extreme pressure, the marriage can be annulled. You must file within four years from the date of marriage.
Unsound Mind or Mental Incapacity – If a party lacked the mental capacity to understand the nature of marriage and its obligations at the time of the wedding—due to mental illness, cognitive impairment, or severe intoxication—the marriage may be annulled. This can be filed at any time before either party’s death.
Underage Marriage – If one party was under 18 without proper court order and parental consent, the marriage can be annulled. The underage party must file within four years after turning 18.
Incurable Physical Incapacity – If one party was physically incapable of consummating the marriage and the condition is incurable, the other party may seek annulment within four years of the marriage.
Why Legal Expertise Matters
Meeting these legal requirements isn’t simple. You bear the burden of proof, and Los Angeles County judges apply these standards strictly. An experienced annulment attorney knows how to gather admissible evidence, prepare witnesses, and present arguments that satisfy the statutory grounds. Missing the deadline for filing—even by a short time—can force you into a standard divorce even if your marriage clearly should never have been valid.
The difference between annulment and divorce is legal validity. Annulment declares a marriage was never legally valid. Divorce ends a valid marriage. Community property rules apply in divorce; putative-spouse rules may apply in annulment.
Annulment attorney costs in Los Angeles vary based on case complexity. Annulment cases typically cost more than uncontested divorces because they require evidence gathering and often contested hearings.
The annulment process in LA County takes weeks to over a year depending on complexity. Uncontested cases resolve faster. Contested annulments requiring trial take longer due to crowded court calendars.
Yes, you can get an annulment if you have children together. Children born during an annulled marriage retain full legal rights. California courts issue custody, visitation, and support orders based on the child’s best interests.
Property and assets in an annulment are not divided under standard community property rules. However, a putative spouse may receive quasi-marital property division if they married believing the marriage was valid.
Yes, you need to prove fault for an annulment in California. Annulment requires proof of specific legal grounds: fraud, mental incapacity, bigamy, or force. Regretting the marriage is not sufficient.
