Divorce and annulment both involve the legal status of a marriage, but they are fundamentally different proceedings.

A California divorce terminates a valid marriage. A judgment of nullity—commonly called an annulment—is available only when the marriage is void or voidable under specific legal grounds.

Simply having a very short marriage or regretting the decision to marry does not, by itself, establish grounds for an annulment.

What Is a Void Marriage?

A void marriage is treated as invalid from the beginning.

The source materials identify incestuous marriages and most bigamous marriages as void.

For example, a marriage entered into while one person is still married to someone else will generally be considered bigamous and void, subject to specific statutory exceptions.

Although a void marriage is technically invalid without obtaining a judgment of nullity, obtaining a court judgment can still be important. A judgment provides a formal public determination of the parties’ marital status.

A nullity proceeding may also address issues involving children, including custody, visitation, and child support. Depending on the circumstances, property and support issues may also require consideration.

What Is a Voidable Marriage?

A voidable marriage is different.

Unlike a void marriage, a voidable marriage is considered valid unless and until a court enters a judgment declaring it a nullity.

California recognizes limited grounds on which a marriage may be voidable. The source materials identify grounds involving minority, certain bigamy circumstances, unsound mind, fraud, force, and physical incapacity.

Each ground has its own legal requirements. A person seeking an annulment therefore must establish an applicable statutory basis rather than simply show that the marriage was unsuccessful.

The required ground must also have existed when the marriage was entered into.

Is There a Residency Requirement for an Annulment?

California’s filing requirements for annulment are different from those that apply to divorce.

For a standard California dissolution, at least one spouse generally must satisfy California’s six-month residency requirement and the applicable three-month county requirement before the divorce petition is filed.

The source materials state that there is no comparable statutory residency requirement for filing a petition for nullity.

Jurisdiction still matters, however, and the circumstances of the parties and their connection to California can affect whether the California court can grant the requested relief.

Annulment Is Available Only in Specific Circumstances

An annulment should not be viewed as a faster version of divorce.

The central question is whether the marriage satisfies one of California’s statutory grounds for being void or voidable. If those grounds cannot be established, dissolution or another form of relief may be the appropriate procedure.

Understanding that distinction early can help avoid pursuing a nullity case based on circumstances that California law does not recognize as grounds for annulment.