Annulment in California - S.L. Pitts PC

When ending a marriage, most people think of divorce. But in some cases, the law allows for something different: an annulment. While divorce acknowledges that a valid marriage has ended, an annulment wipes it away entirely, as if the marriage never happened. In California, annulments are legally challenging and only granted in specific circumstances. As such, working with seasoned annulment attorneys is critical.

At S.L. Pitts, we help clients across California determine if annulment in California is the right legal path for them. We understand the emotional, personal, and legal hurdles that come with dissolving a marriage and will walk you through the process with skill and sensitivity. If you believe your marriage may be invalid, reach out to us for a confidential consultation.

What Is an Annulment in California?

An annulment is a legal procedure that declares a marriage null and void. Unlike divorce, which terminates a legally valid marriage, an annulment means that the marriage was never legally valid in the first place. In the eyes of the law, it’s as though the marriage never existed.

Under California law, annulments fall under two categories: void and voidable marriages. A void marriage is invalid from the beginning; no court action is required to nullify it, although legal confirmation can still be helpful. A voidable marriage is considered valid until a court issues an annulment decree.

Many people confuse annulment with religious annulments granted by churches. It’s important to know that a religious annulment does not have legal standing in California courts. Only a civil annulment issued by a court has legal force.

Legal Grounds for Annulment in California

Not every failed marriage qualifies for an annulment. You must prove specific legal grounds, and the burden of proof lies with the person seeking the annulment. These grounds are limited and strictly interpreted by California courts.

Void Marriages:

Incest: Marriages between close blood relatives (e.g., siblings, parent-child relationships) are never legally valid.
Bigamy: If one spouse was already legally married to someone else at the time of the marriage, the new marriage is void.

Voidable Marriages:

Underage Marriage: If one or both spouses were under 18 years old at the time of marriage and didn’t have proper consent, the marriage may be annulled.
Fraud: If one party was tricked into marriage through lies or deceit, especially about something fundamental like the ability to have children, an annulment may be granted.
Force: A marriage entered into under duress or threats can be declared invalid.
Physical Incapacity: If one party was physically unable to consummate the marriage and the condition appears incurable, this may qualify.
Unsound Mind: If one or both parties didn’t understand the nature of the marriage contract due to mental incapacity, it may be grounds for annulment.

Each ground has its own set of evidentiary requirements. Our experienced annulment lawyers in California can help you gather and present the necessary documentation to support your claim.

Time Limits for Filing an Annulment

Unlike divorce, annulments often come with strict time limits depending on the reason you’re seeking to void the marriage:

Fraud: Must be filed within four years of discovering the fraud.
Force: Must be filed within four years of getting married.
Underage marriage: The underage party or their parent/guardian must file within four years after turning 18.
Physical incapacity: Must be filed within four years of the marriage.
Unsound mind: Can be filed at any time before the death of either party.
Bigamy or incest: No time limits apply; these marriages are considered void from the start.

Because deadlines vary, it’s critical to speak with an annulment attorney promptly to preserve your rights.

The Legal Process of Getting an Annulment in California

The annulment process starts when one spouse files a Petition for Nullity of Marriage. Once the petition is filed and served, the other spouse has a chance to respond.

Here’s what the process typically looks like:

Filing the petition: Includes stating legal grounds and providing factual support.
Serving the spouse: Legal notice must be given.
Responding to the petition: The other party can agree, disagree, or file a counter-request.
Discovery and evidence gathering: May involve witness statements, documents, and expert evaluations.
Court hearing: A judge will hear the case and decide if the legal grounds are met.
Judgment: If the annulment is granted, the marriage is declared null and void.

Our California annulment attorneys are with you through every step, from preparing filings to representing you in court.

What Happens After an Annulment Is Granted?

Once the annulment is finalized, the court treats the marriage as though it never legally existed. However, this does not mean there are no lasting legal effects. In most cases, there is no entitlement to spousal support because the marriage is considered void from the start. The division of community property also doesn’t apply since the law does not recognize the marriage as valid. Both parties return to the legal status of unmarried individuals, and the court can restore a party’s former name on request.

What Is the Putative Spouse Doctrine?

Even if a marriage is declared void or voidable, California courts may recognize one party as a “putative spouse.” This legal concept exists to protect individuals who genuinely believed they were in a valid marriage, even if it later turns out that the marriage was legally invalid.

A putative spouse is someone who:

Entered the marriage in good faith, believing it was legally valid.
Only later discovered that a legal issue (such as bigamy or fraud) made the marriage void or voidable.

If the court determines that you were a putative spouse, you may be entitled to rights similar to those of a legal spouse, including:

Division of quasi-marital property
Potential spousal support
Reimbursement of expenses incurred during the marriage

This doctrine ensures that innocent parties aren’t left without legal recourse simply because their marriage wasn’t valid on paper. If you believe you may qualify as a putative spouse, we can evaluate your case and advocate for the protections you deserve.

Children and Annulments

An annulment has no impact on the legal rights and responsibilities of parenthood. Under California law, children born during a void or voidable marriage are considered legitimate, which means both parents maintain full legal responsibilities regardless of the status of the marriage.

When children are involved, the court will make determinations about child custody, including where the child will live and how decisions will be made regarding their upbringing. The court will also establish a visitation schedule to ensure both parents have the opportunity to maintain a meaningful relationship with their child.

Financially, both parents remain responsible for child support, and the court will issue an order based on the best interests of the child and each parent’s financial situation. In some annulment cases, legal paternity may need to be established, especially if the father’s name was not included on the birth certificate or if there are disputes about parentage.

At S.L. Pitts, our California annulment attorneys work closely with our clients to ensure that every aspect of the child’s well-being, emotional, legal, and financial, is protected throughout the annulment process.

How Judges Evaluate Annulment Cases in California

Annulment cases in California are evaluated based on specific legal standards, and the courts apply these standards with great scrutiny. Judges don’t simply take your word for it; you must prove the legal grounds for annulment with credible, persuasive evidence. This is why working with well-versed annulment attorneys in California is imperative.

For example, in cases of fraud, courts look for fraud that goes to the very essence of the marital relationship, such as marrying only to obtain immigration benefits or lying about the desire or ability to have children. California courts have held that hiding a criminal past, substance abuse issues, or a complete unwillingness to engage in sexual relations may also support a claim of fraud, but only if these factors were fundamental to the marriage agreement.

In mental incapacity cases, judges may require medical evidence or witness testimony to determine whether a spouse had the ability to understand the nature and responsibilities of marriage at the time the marriage was entered into. In force or duress cases, the court may review communications, threats, and witness accounts to determine if one party was coerced into the marriage against their will.

Ultimately, judges evaluate the totality of the circumstances. Strong documentation, clear timelines, and legal advocacy make all the difference. Our team of California annulment lawyers at S.L. Pitts helps clients prepare the evidence necessary to meet this high legal threshold and present it effectively in court.

Frequently Asked Questions About Annulment in California

Can I remarry after an annulment?

Yes. Once an annulment is granted, the marriage is legally erased, and both parties return to the status of “unmarried.” You are free to remarry at any time, and there are no additional legal restrictions. However, it’s a good idea to ensure your annulment is finalized and properly documented with the court before entering a new marriage to avoid any complications.

Will my marriage records still exist if the marriage is annulled?

Yes. The court record of the annulment and the initial marriage license still exist for public record purposes, but legally, the marriage is treated as if it never happened. This means it won’t carry the same legal effects as a divorce.

Do I need to appear in court for an annulment?

Often, yes. Many annulment cases require a court hearing where the judge will evaluate the evidence and possibly hear testimony. Even in uncontested cases, the court may still require you to appear and explain the basis for your request. Having an annulment lawyer with you during this process can make a big difference.

What if my spouse doesn’t agree to the annulment?

That’s okay. Like a divorce, you can still pursue an annulment even if your spouse disagrees. You’ll need to prove the legal grounds in court, and the judge will make a decision based on the evidence presented. Disagreement does not prevent you from moving forward with the process.

How long does the annulment process take?

It depends on the challenges of the case, whether it’s contested, and the availability of the court. Some annulments are resolved in a few months, while others, especially those involving children or disputed facts, may take longer. Working with a qualified annulment attorney can help avoid unnecessary delays.

Can I get an annulment if I was married outside of California?

Yes, if you or your spouse currently lives in California and meets the residency requirements, you may still file for annulment in California even if the marriage occurred in another state or country. We can help you determine where to file and what legal procedures apply to your case.

Why Choose S.L. Pitts as Your California Annulment Lawyers

At S.L. Pitts, we focus exclusively on family law, and we have a deep understanding of California’s annulment statutes and procedures. Our team is committed to delivering thoughtful, high-caliber legal services tailored to your needs.

We provide:

Personalized attention from knowledgeable attorneys
Compassionate guidance through emotional matters
Strong advocacy both in and out of court
Clear communication every step of the way

Your annulment case deserves a legal team that knows how to handle the sensitive issues that arise in these cases. When you choose us, you get clarity, strength, and support at every turn.

Do You Need a California Annulment Attorney? Contact S.L. Pitts Today

Annulments in California are legally distinct from divorce and require meeting specific, narrow grounds. If you believe your marriage may be invalid or voidable, don’t guess; get the guidance of skilled annulment lawyers who know what’s at stake.

At S.L. Pitts, we help individuals across California understand their rights, protect their futures, and move forward with confidence.

Are you wondering if an annulment is the right option for you? Call our office today or contact us online to schedule a confidential consultation with one of our California annulment lawyers.