Key Takeaways
- A California annulment (judgment of nullity) treats your marriage as if it never legally existed from the beginning, which differs fundamentally from divorce that ends a valid marriage. This article focuses specifically on Los Angeles County court procedures and requirements.
- California law recognizes specific legal grounds for annulment including incest, bigamy, underage marriage, fraud, force, unsound mind, and physical incapacity—each with distinct proof requirements and deadlines under Family Code §§ 2200–2211.
- The practical filing steps involve completing Form FL-100 (marking Nullity), Form FL-110 Summons, filing at the correct LA County courthouse, paying the filing fee (or requesting a fee waiver), having your spouse served properly, and attending your court hearing.
- Annulment affects property division, spousal support, and sometimes parentage differently than divorce, particularly in high-asset or complex financial cases where the “quasi-marital property” doctrine may apply.
- Working with an experienced Los Angeles annulment attorney like Charles M. Green, Esq., CFLS, CPA can significantly improve your strategy, evidence presentation, and financial outcomes—especially when businesses, retirement accounts, or substantial assets are involved.
Annulment vs. Divorce in California
When you seek an annulment, the court declares your marriage null and void—meaning it was never legally valid in the first place. A divorce, by contrast, dissolves a valid marriage that existed. Both require a court judgment, but the legal implications differ substantially.
Here’s how the two paths compare in practice:
- Legal status after judgment: An annulment cancels the marriage entirely, treating it as though you were never legally married. A divorce ends a valid marriage, and you remain a “divorced” person on records.
- Public records: With annulment, your marital status reverts to “single” rather than “divorced.” This distinction matters for some people for personal, religious, or professional reasons.
- Residency requirement: California requires a six-month residency before filing for divorce. Annulment has no such residency requirement—you can file if either you or your spouse lives in California at the time of filing.
Annulment can change potential rights to spousal support and community property compared to divorce. Because the marriage is treated as void, normal community property rules may not apply automatically. However, California recognizes the “putative spouse” doctrine under Family Code § 2251: if one spouse reasonably believed the marriage was valid, the court may still divide property and award support as though it were a divorce.
Most people proceed through divorce because annulment is only available in specific circumstances. Before deciding which path to pursue, discussing your situation with counsel ensures you understand whether annulment is realistically available or whether divorce or legal separation makes more sense for your circumstances.
California Grounds for Annulment (Family Code §§ 2200–2211)
To obtain an annulment, you must fit into at least one statutory ground recognized by California law. The burden falls on you—the person seeking the annulment—to prove the ground with credible evidence, not merely suspicion or disappointment.
Incest (Family Code § 2200): A marriage between close blood relatives is void. This includes marriages between parents and children, siblings, aunts/uncles and nieces/nephews, and certain other familial relationships. Such marriages are considered marriage void from inception.
Bigamy (Family Code § 2201): If one spouse was already married to another person at the time of the marriage ceremony, the subsequent marriage is void. You would need to prove that the first marriage existed and was not dissolved before your marriage took place.
Underage Marriage: California permits annulment when one party was under age 18 at the time of the marriage and did not have parental consent or court approval. The underage spouse (or their parent/guardian) can seek annulment based on lack of legal capacity.
Unsound Mind: If either you or your spouse lacked the mental capacity to understand the nature of the marriage and the obligations it creates at the time of the marriage, annulment may be available. This ground typically requires expert testimony from medical or psychological professionals to establish that mental illness or cognitive impairment prevented genuine consent.
Fraud: This is one of the most common grounds cited. To qualify, the fraud must go to the “essentials of the marriage”—a material misrepresentation that would have affected your decision to marry. Good examples include:
- Concealment of intent never to have children when having children was discussed as essential
- Hiding an existing marriage or prior divorce status
- A purely immigration-motivated marriage where the other spouse deceived you about intentions
The fraud must be something fundamental. General disappointment or discovering your spouse exaggerated their income typically does not qualify.
Force: If one spouse was coerced into the marriage against their will through threats or duress, the marriage may be voidable.
Physical Incapacity: If one spouse was physically incapable of consummating the marriage at the time of the marriage ceremony, and this incapacity appears incurable, the other party may seek annulment. Like unsound mind cases, physical incapacity often requires medical evidence.
For grounds involving unsound mind and physical incapacity, these annulment cases are more complex and evidence-heavy. Courts generally require supporting documentation from medical professionals rather than just testimony from the parties.
I recommend that readers schedule a confidential evaluation to determine whether their facts truly qualify for annulment or whether divorce or legal separation offers a safer path forward.
Time Limits (Statutes of Limitations) for Seeking an Annulment
California’s deadlines for filing an annulment depend on which ground you use. Filing too late can permanently bar annulment no matter how strong your facts appear.
Family Code § 2211 establishes the main time frames:
- Fraud: You must file within four years from the date you discovered the fraud—not from the date of marriage or when the fraud occurred.
- Force: Four years from the date of the marriage.
- Minority (underage marriage): Four years from the date the underage spouse reached age 18.
- Physical incapacity: Four years from the date of the marriage.
- Unsound mind: The annulment may be filed at any time during the parties’ lifetimes while the spouse with unsound mind remains incapacitated, or within a certain period after recovering capacity.
- Bigamy and incest: Truly void marriages based on incest or bigamy may be challenged at any time while both spouses are alive.
Here’s a practical example showing how the four-year rule works: Suppose you married in January 2020. In March 2023, you discovered your spouse deceived you about a material fact—say, they were already married to someone else but concealed their marital status. Your four-year window begins in March 2023 when you discovered the fraud. You would need to file for an annulment by March 2027. Missing that court date deadline eliminates annulment as an option.
Even for truly void marriages (bigamy, incest), waiting can severely complicate property division, child custody arrangements, and financial entanglements that accumulate during the marriage.
In Los Angeles County courts, judges will strictly apply these statutes. If your marriage is more than a few years old, talking to a lawyer early is critical to preserve your options. California courts do not grant extensions based on sympathy—the time limit is jurisdictional.
Step-by-Step: How to File for an Annulment in Los Angeles County
This section provides a practical, California-specific roadmap focusing on LA County court procedures. However, this general guidance does not replace individualized legal advice for your specific circumstances.
Identify the Correct Courthouse
Start by determining where to file. For central Los Angeles, cases are typically filed at the Stanley Mosk Courthouse on Hill Street. Your filing location depends on where either you or your spouse resides. Check the LA Superior Court website for current filing locations and any courtroom-specific requirements, as these can vary depending on the area.
Gather the Necessary Documents and Complete Court Forms
The appropriate forms you need to complete include:
- FL-100 (Petition—Marriage/Domestic Partnership): Mark “Nullity of Marriage” to indicate you’re seeking annulment
- FL-110 (Summons): The official notice to your spouse
- FL-160 (Property Declaration): Optional but useful for property details in complex or high-asset cases
- FW-001 and FW-003: Fee waiver forms if you cannot afford the filing fee
Gather your marriage certificate and any evidence supporting your claimed ground before filing. For fraud cases, preserve texts, emails, and communications. For bigamy, locate the prior marriage certificate showing the other spouse was already married. For incapacity based on mental illness or intoxication, medical records from the time of the marriage are valuable supporting documentation.
File with the Court Clerk
Take your completed legal documents to the Family Law Clerk’s Office or file electronically if e-filing is available. The current filing fee in Los Angeles County is approximately $435-450—verify the exact amount when you file as fees can change. If you qualify for a fee waiver based on income (at or below 125% of the federal poverty level), submit Form FW-001.
The court clerk will stamp your documents, assign a case number, and provide conformed copies. Keep one copy for your records; the other will be served on the respondent.
Serve Your Spouse
California law requires proper service of process. You cannot personally deliver the annulment papers to your spouse. Instead, a non-party adult over 18—either a friend, family member, or professional process server—must personally serve your spouse the filed petition, summons, and a blank Response form (FL-120).
After service, the server completes Form FL-115 (Proof of Service) documenting when, where, and how the other party was served. This proof of service is filed with the court. If your spouse is difficult to locate or outside California, alternative methods like substituted service or out-of-state service rules may apply.
Respondent’s Options
Once served, your spouse has 30 days to file a Response (FL-120). The response may:
- Agree to the annulment
- Contest the annulment grounds
- Request alternative relief such as divorce
Contested nullity cases often proceed like contested divorces—with discovery, settlement conferences, and potentially trial. If your spouse contests, expect the legal process to extend significantly.
Evidence Documentation
Before filing, document key evidence thoroughly. This is especially important in high-net-worth or cross-border situations. Consider:
- Texts, emails, or recorded communications showing fraud
- Medical records regarding unsound mind or physical incapacity
- Prior marriage certificate showing bigamy
- Immigration documents if the marriage involved visa fraud
Strong evidence presentation often determines whether your annulment case succeeds.
What Happens to Property, Support, and Children in an Annulment?
Because an annulled marriage is treated as if it never existed, the normal “community property” and routine spousal support framework may not apply the same way it would in divorce.
Property Division
In true annulment cases, property is often characterized based on title, contribution, and contract principles rather than automatic 50/50 community division. This can become complex when the marriage involved businesses, real estate holdings, retirement accounts, or other substantial assets. The court must determine who contributed what and how to divide property equitably when community property rules don’t automatically apply.
The Putative Spouse Doctrine
Family Code § 2251 provides important protection. If one spouse reasonably believed the marriage was valid—even though it wasn’t—the court may still divide “quasi-marital” property and award spousal support as though it were a divorce. This doctrine recognizes that an innocent spouse who acted in good faith shouldn’t be penalized for the marriage’s invalidity.
Children and Custody
Children born during an annulled marriage are not affected in terms of parentage rights. California Family Code § 2253 ensures that paternity, child custody, visitation, and child support orders are fully available in a nullity action. The court’s focus remains the child’s best interests regardless of whether the marriage was valid.
Financial Complexity
My dual background as a Certified Family Law Specialist and former CPA proves especially valuable when handling annulment cases involving business valuation, tracing separate vs. quasi-marital contributions, and understanding tax implications. The financial analysis required to properly characterize and divide property in an annulment often exceeds what a standard divorce requires.
Should You Hire a Lawyer for Your Annulment?
Annulment is more legally technical than a standard no-fault divorce. In a California divorce, you can simply cite irreconcilable differences. In an annulment case, you must prove specific grounds and meet exact statutory deadlines—the burden of proof falls entirely on you.
How Counsel Helps
An experienced attorney provides critical assistance in several ways:
- Evaluating whether annulment is realistically available given your facts
- Choosing which grounds to pursue and how to frame your case
- Gathering and presenting evidence effectively
- Handling cross-examination if your spouse contests
- Protecting your financial and parental rights if the court denies annulment and converts the case to divorce
Challenges Common in Los Angeles Cases
Los Angeles annulment cases frequently involve:
- Complex assets including business ownership, multiple properties, and retirement plans
- Cross-border marriages with international documentation issues
- Immigration implications that affect both spouses
- High-conflict custody disputes intertwined with nullity claims
These factors can significantly complicate both the annulment process and the financial outcomes.
Experience Matters
With 27+ years of LA County courtroom experience, my Certified Family Law Specialist designation and CPA background help sophisticated or high-net-worth clients navigate both the legal requirements and financial complexities of annulment. Understanding how to value assets, trace contributions, and present compelling evidence to a judge requires expertise that develops over decades of practice.
I invite you to schedule a confidential consultation at my Wilshire Boulevard office to review your documents, timelines, and possible outcomes before filing.
How Charles M. Green, APLC Can Help You File for an Annulment
My firm is located at 3699 Wilshire Blvd, Suite 700, Los Angeles, focusing exclusively on family law matters including annulment, divorce, custody, and financial disputes. Spanish-speaking services are available for clients who prefer to communicate in Spanish.
Initial Consultation
During an initial consultation, I review your marriage history, key dates, and relevant documents. This includes your marriage certificate, any prior divorce decrees, immigration filings if applicable, and medical records for incapacity claims. Based on this review, I assess which annulment grounds may apply and whether annulment is the strongest strategic option.
Full Legal Representation
The firm handles every aspect of your annulment case:
- Preparing and filing all nullity pleadings and court forms
- Coordinating proper service of process
- Conducting discovery if your spouse contests
- Negotiating settlements (including backup divorce terms if annulment fails)
- Representing you at LA Superior Court hearings and trial
Diverse Clientele
Los Angeles is home to culturally diverse marriages, and I work regularly with clients from various backgrounds. When needed, I coordinate with translators, forensic accountants, business valuation experts, and other professionals to build the strongest possible case.
Whether annulment—or an alternative route like divorce or legal separation—is the best legal and financial strategy depends on your specific circumstances. I encourage you to call the office or submit an online request to discuss your situation confidentially.
Frequently Asked Questions About Filing for an Annulment in California
Can I get an annulment if I was only married for a few months?
Short duration alone is not sufficient for annulment in California. You must still meet at least one statutory ground such as fraud, bigamy, force, underage marriage, unsound mind, or physical incapacity. The length of marriage—whether a few months or several years—does not create an independent basis for annulment. If you simply want to end a short marriage but cannot prove a qualifying ground, divorce remains your option.
Do I need to live in California for six months before filing for an annulment?
Unlike divorce, California does not impose a six-month residency requirement for annulments. You typically file in the county where either you or your spouse resides or where the marriage took place. However, you should confirm local venue rules with the LA Superior Court to ensure you file in the correct location.
Will an annulment affect my immigration status or my spouse’s?
An annulment can have serious immigration consequences because it may undermine the validity of a marriage-based visa or green card. If either you or your spouse obtained immigration benefits through the marriage, an annulment could trigger questions from USCIS about whether the marriage was legitimate. Before proceeding, consult both a family law attorney and an immigration lawyer to understand the full implications.
Can the court deny my annulment but still grant a divorce?
Yes. If the judge finds you do not meet the legal requirements for annulment grounds, the court can still dissolve the relationship through divorce. Experienced practitioners often file petitions requesting nullity and, in the alternative, dissolution in the same case. This protects you—if one party fails to prove annulment, the divorce claim remains available.
How long does an annulment case usually take in Los Angeles?
Timelines vary depending on complexity and whether your spouse contests. An uncontested annulment with clear evidence might resolve in three to six months. Contested cases involving fraud allegations, complex finances, or child custody disputes can take a year or more, depending on LA County court calendars and discovery needs. The more evidence required and the more your spouse fights the annulment, the longer the process extends.
