In California, an annulment is a legal procedure that declares a marriage or domestic partnership null and void, as if it never happened. Annulments differ from divorces because they are based on the premise that the marriage was invalid from the start, rather than being a valid marriage that later ended. To qualify for an annulment in California, specific grounds must exist, such as fraud, duress, incapacity, underage marriage without parental consent, bigamy, or if one spouse was unable to consummate the marriage due to physical incapacity or mental incompetence. These grounds must be proven in court for an annulment to be granted.
Unlike divorce, which deals with the division of property and spousal support, an annulment generally does not require the division of property unless the parties were married for a long period. However, issues like child custody and child support are still addressed, as children born during an annulled marriage are considered legitimate. Annulments must be filed within a specific timeframe: typically, the action must be brought within four years for most grounds, except for cases involving fraud or lack of consent, which can be challenged at any time.