Annulling a Marriage in California
Some spouses may be able to dissolve their marriage by getting an annulment. Here’s how to get an annulment in California.
To get an annulment in California, first, fill out the necessary local and state court forms. Write a declaration explaining why the marriage should be annulled and provide legal grounds for annulment. File and serve the annulment forms. In your court hearing, prove why the marriage should be annulled.
What is an annulment?
An annulment is a legal declaration that a marriage never existed. If a marriage gets annulled, it never legally existed at all. Couples in California may be able to get an annulment if they meet certain requirements.
California Annulment Requirements
You may be eligible to petition for an annulment in California under the following grounds:
- Bigamy
- Blood relation
- Force
- Fraud
- Physical Incapacity
- Underage
- Unsound mind
Bigamy
If either spouse was married to someone else at the time the spouses seeking an annulment, the marriage will have never existed or been legal. Spouses married by bigamy can request and receive an annulment at any time during their marriage.
Blood Relation
If the spouses are blood-related, the marriage will never be considered legal. If the blood-relation between spouses was not declared at the time of legal marriage, an annulment can be requested and received at any time during the marriage.
Force
If either spouse was forced to enter the marriage for any reason, the marriage can be annulled. Spouses married by force must request an annulment within the first four years of their marriage.
Fraud
If either spouse entered the marriage fraudulently or for fraudulent purposes, an annulment can be requested within the first 4 years of the marriage. Marrying a noncitizen for them to gain US citizenship is an example of a fraudulent marriage.
Physical Incapacity
If either spouse suffers from a physical incapacity that prevents child-rearing or fruitful sex, an annulment can be requested within this first 4 years of marriage.
Underage
If either spouse was under the age of 18 at the time of marriage, the marriage can be annulled within the first 4 years after the spouse turns 18 years of age.
Unsound Mind
If a spouse was not fully aware of the magnitude of their marriage, the marriage can be annulled at any time before a spouse’s death on the grounds of either spouse’s “unsound mind”. Spouses can seek an annulment if one spouse has a temporary or permanent medical condition that prevented them from understanding the consequences of their marriage. Spouses that were heavily intoxicated at the time of marriage typically annul their marriage on the grounds of “unsound mind”.
California Annulment Process
The annulment process in California involves filling out court forms, writing a declaration of why the marriage should be annulled, and attending a court hearing. In court, the burden of proof lies with the spouse requesting annulment; he or she must prove why the marriage should be annulled.
1. Fill Out Annulment Court Forms
A spouse seeking an annulment should complete the following forms:
- Petition — Marriage/Domestic Partnership (Form FL-100)
- Summons (Family Law) (Form FL-110)
If you and your spouse have children together, include this form in your petition as well:
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120)
Depending on the city or county you live in, additional forms may need to be filed with your local court as well. Call your local court clerk and ask if any additional forms are needed to petition for annulment besides the ones listed above.
2. Write Your Declaration
An important step of getting an annulment in California is to write a declaration explaining why the marriage should be annulled. A petitioner must clearly state the legal grounds supporting the marriage’s annulment. A spouse requesting their marriage be annulled can complete the following forms under penalty of perjury:
- Declaration (Form MC-030)
- Attached Declaration (Form MC-031)
3. Have An Attorney Review Your Forms
It’s crucial that these forms are properly completed, so make sure to get them reviewed by an experienced attorney. If you complete or file these papers incorrectly, your petition for annulment may likely be denied on insufficient grounds. An attorney can make sure your declaration and other court forms are properly completed and filed. Before filing these papers with the court, make two copies of each form. One copied set will be for your own records, and the other copied set will be served to your spouse.
4. File Them With the Court
File these documents with your local court clerk. The clerk will stamp all documents “Filed”, hand you back the 2 copied sets, and keep the originals. Make sure the clerk gives you a court hearing date. You may have to pay a filing fee, which will likely be $435 (depending on the county you live in).
5. Serve the Annulment Forms
After you’ve filed the annulment forms with the court, get someone over the age of 18 (NOT YOU) to serve these papers to your spouse. Include these blank court forms in your service of process as well:
- Response (Form FL-120)
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120) [if you and your spouse share children]
The spouse can also sign this document upon service:
- Notice and Acknowledgment of Receipt — Family Law (Form FL-117)
The receiving spouse has 30 days to respond to the service of process. An experienced family law attorney can make sure the service of process is properly completed.
6. File Your Proof of Service
After serving your spouse, the process server must complete either of the following forms:
- Proof of Service of Summons (Form FL-115)
File this form with your local court. For more information on how to complete the service of process for annulment in California, click here.
7. Attend the Court Hearing
The next step will be for you to attend the court hearing. The other spouse will have the right to attend this hearing as well.
When requesting to annul a marriage, the burden of proof lies with the petitioning spouse. This means that in order for the annulment to be granted, it is the petitioner’s duty to prove in court why the marriage should be annulled. To make sure your rights in protected in court, hire an experienced attorney from Her Lawyer.
How to Get a Default Annulment in California
In California, a “default” annulment is an annulment proceeding in which the case proceeds without the responding spouse’s involvement. Default annulments occur if the responding spouse does not file a response to the petitioner’s service of process: they lose their right to participate in the case and the judge may grant the annulment.
Divorce vs. Annulment
While a divorce is a legal decree ending a divorce, an annulment declares that the marriage never existed. A divorce ends a marriage, while an annulment legally decrees that a marriage never existed because the couple wed on false grounds.
FAQs About Annulling a Marriage in California
How long do you have to get a marriage annulled in California?
If you were married with bigamy, unsound mind, or blood-relation, you can get an annulment at any point during your marriage. If the marriage occurred or occurs under fraud, force, underage, or physical incapacity, an annulment can be requested within the first 4 years of marriage.
How long does an annulment take in California?
Because there is no waiting period, annulments in California can take anywhere from just a few months to a year. There is no set amount of time that California annulment processes take; every legal situation is different.
What is the annulment waiting period in California?
Unlike for divorces, there is no six-month waiting period for annulments in California. That means that it’s possible for an annulment to take less than six months to be finalized.
How much does it cost to file an annulment in California?
While the exact amount you’ll pay depends on your city and county, you’ll likely be charged a $435 fee for filing an annulment with the court in California.
Can I file for annulment if my spouse is in jail in California?
While your spouse’s incarceration is not sufficient grounds for annulment, you can request and proceed with an annulment under proper grounds while your spouse is in jail.
Free Consultation With a Family Law Attorney in California
If you need to get an annulment in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal matter. Get your free consultation with one of our Family Law Attorneys in California today!