An annulment, legally called a judgment of nullity, is not available simply because a marriage was short, unhappy, or based on a poor decision. California permits annulment only when a marriage is legally void or voidable for a recognized reason that existed when the marriage began.

Some Marriages Are Void From the Beginning

A marriage is generally void when it is incestuous or bigamous. Although a void marriage is treated as invalid from its beginning, obtaining a court judgment can provide an official determination of marital status.

A court proceeding may also be necessary to resolve property, support, custody, visitation, or child support issues arising from the relationship.

Certain situations involving a missing or reasonably believed deceased prior spouse may be treated differently and require close examination.

Other Marriages Are Voidable

A voidable marriage remains legally valid unless and until a court grants a judgment of nullity. Recognized grounds may include:

• Minority at the time of marriage
• A qualifying prior marriage
• Unsound mind
• Fraud going to the essence of the marital relationship
• Force or coercion
• Continuing physical incapacity

Each ground has specific factual requirements. Some also have strict filing deadlines.

Ordinary Marital Misrepresentations May Be Insufficient

Not every false statement supports an annulment based on fraud. The deception generally must relate directly to the purpose of entering the marriage and affect the essence of the marital relationship.

Disappointment in a spouse’s personality, work habits, financial status, or behavior after marriage may not meet this demanding standard. Continuing to live freely as spouses after discovering the relevant facts can also affect whether the marriage remains voidable.

An Annulment Can Affect Financial Rights

Because annulment treats the marriage as invalid, ordinary marital property and support rules may not apply in the same way as they do in a divorce. However, a person who genuinely believed the marriage was valid may qualify for putative-spouse protections.

Custody and child support issues can still be resolved even when the parents’ marriage is annulled.

A California family law attorney can determine whether the facts support a recognized nullity ground, evaluate the applicable filing deadline, and explain whether divorce may provide a more appropriate remedy.