Most people call it an annulment. California's courts call it a judgment of nullity, and the difference matters. Instead of ending a valid marriage the way a divorce does, a nullity says the marriage was never legally valid to begin with.
Key Takeaway: A nullity of marriage is only available for specific legal grounds under California Family Code Section 2200 and following, not simply because a marriage was brief or a mistake. Marriages fall into two categories: void (invalid from the start, like incest or bigamy) and voidable (valid until a court says otherwise, for grounds like fraud, force, or being underage). Both use Form FL-100, the same Petition used for divorce and legal separation, and neither requires the 6-month waiting period that applies to dissolution.
An annulment, formally a judgment of nullity of marriage, is a court order declaring that a marriage or domestic partnership was never legally valid. That is a fundamentally different finding than a divorce. A divorce ends a marriage that was valid when it happened. A nullity says there was never a valid marriage to end.
A judge can only grant a nullity for a specific legal reason recognized by California law. "We only knew each other for a few weeks" or "we both agree it was a mistake" are not legal grounds on their own, even if both spouses want out quickly. The grounds are narrower and more specific than most people expect, which is why nullity cases are far less common than dissolutions.
<h2 id="void-vs-voidable">Void Marriages vs. Voidable Marriages</h2>California family law splits invalid marriages into two categories, and the distinction changes how, and whether, a court case is even necessary.
Void marriages are treated as invalid from the moment they happened, automatically, regardless of whether anyone ever files a case. Under California Family Code, only two situations fall into this category:
- Incestuous marriages, between parents and children, siblings (including half siblings), or between an aunt or uncle and a niece or nephew
- Bigamous marriages, where one spouse was already validly married to someone else at the time, unless that earlier marriage had ended or the earlier spouse had been absent and not known to be living for at least five years
Even though void marriages are invalid automatically, people in this situation often still file for a judgment of nullity to get a clear court record, particularly if property, support, or children are involved.
Voidable marriages are treated as valid unless and until a court declares them a nullity. The marriage is not automatically void, it stays legally in force until one of the parties asks a court to undo it based on a recognized ground. That request has to come from someone with legal standing, and generally within a specific window of time.
| Void Marriage | Voidable Marriage | |
|---|---|---|
| Legal status | Invalid from the start, automatically | Valid until a court declares otherwise |
| Grounds | Incest, bigamy | Age, prior marriage, unsound mind, fraud, force, physical incapacity |
| Who can raise it | Either party, or generally anyone with an interest | Generally only the party affected by the ground |
| Time limit to file | Generally none | Yes, varies by ground |
Under California Family Code Section 2210, a marriage is voidable, and a court can grant a nullity, if any of the following was true at the time of the marriage:
- Age. The party asking for the nullity was under 18 at the time of the marriage, and did not have the legal authorization required for a minor to marry.
- Prior existing marriage. One spouse was already validly married to someone else, and that earlier spouse was believed dead, or had been absent and not known to be living for at least five years immediately before the new marriage.
- Unsound mind. Either party was of unsound mind at the time of the marriage, unless that party later, after regaining capacity, freely continued living with the other as a spouse.
- Fraud. One party's consent to the marriage was obtained through fraud, unless that party later, with full knowledge of the fraud, freely continued living with the other as a spouse.
- Force. One party's consent to the marriage was obtained through force.
- Physical incapacity. Either party was, at the time of the marriage, physically incapable of entering into the marriage, and that incapacity continues and appears to be incurable.
If a marriage involved force, coercion, or you are afraid of your spouse, your safety comes first. In an emergency, call 911. You can also reach the National Domestic Violence Hotline at 1-800-799-7233, or text START to 88788. A domestic violence restraining order is available whether or not a nullity or divorce case is on file, and our restraining orders guide explains that process.
Unlike void marriages, which generally have no filing deadline, voidable marriage grounds each come with their own time limit under Family Code Section 2211. In general terms:
- Age: the underage spouse generally has four years after reaching the legal age of consent to file, though a parent or guardian can generally file sooner, before the minor reaches that age
- Prior existing marriage: either spouse can generally file during the other spouse's lifetime; there is no fixed multi-year cutoff
- Unsound mind: the affected party, or a relative or conservator, can generally file any time before either spouse's death
- Fraud: the defrauded spouse generally has four years after discovering the facts of the fraud
- Force: the affected spouse generally has four years after the marriage itself
- Physical incapacity: the affected spouse generally has four years after the marriage itself
These windows are described here in general terms because the rules around extensions, particularly for marriages entered under force or coercion, have been an area of legislative change. Confirm the current filing deadline for your specific ground with your county Superior Court self-help center or a family law attorney before assuming a window has closed.
<h2 id="the-nullity-process">How the Nullity Process Works</h2>Procedurally, a nullity case follows a path similar to divorce, with a few important differences:
- File the Petition (Form FL-100), checking the nullity box and citing the specific legal ground you're relying on, along with a Summons (Form FL-110).
- Serve the other party with the filed Petition and Summons, the same as in a divorce case.
- The other party has an opportunity to respond, using Form FL-120, agreeing with the nullity request or contesting it.
- Address children, property, and support, if applicable, which may require the putative spouse doctrine discussed below.
- Obtain a judgment, which restores both parties to the legal status of unmarried persons as of the date of the judgment, not retroactively erasing every legal consequence of the marriage.
Unlike dissolution, nullity does not require meeting California's residency test (6 months in the state, 3 months in the county), and there is no mandatory 6-month waiting period before the case can be finalized. That makes the calendar timeline potentially faster, though proving a nullity ground can add its own complexity that a straightforward no-fault divorce does not have.
<h2 id="fl-100-for-nullity">Using Form FL-100 to File for Nullity</h2>One detail surprises a lot of people: there is no separate "annulment form." Form FL-100, Petition, Marriage/Domestic Partnership, the same Petition used to start a divorce or a legal separation, is also used to open a nullity case. Our guide, How to Fill Out Form FL-100, walks through the form section by section, and the same walkthrough applies to a nullity Petition, with two key differences:
- Near the top of the form, you check the box for nullity rather than dissolution or legal separation
- You must identify the specific legal ground (one of the void or voidable categories above) that your request is based on
Because a nullity case rests on proving a specific ground rather than California's no-fault standard, the Petition and any accompanying declaration typically need more factual detail than a standard dissolution filing.
All three case types (dissolution, legal separation, and nullity) start with the same form and the same court. What changes is the underlying legal finding and some of the consequences:
- Legal finding. Divorce ends a valid marriage. Legal separation keeps the marriage intact while resolving property, support, and custody. Nullity says no valid marriage existed.
- Residency and waiting period. Dissolution requires California residency and a 6-month wait after service. Nullity and legal separation do not require either.
- Marital status afterward. After a divorce, both people are divorced. After a nullity, both people are treated as though the marriage never legally existed. After a legal separation, both people remain legally married.
- Remarriage and benefits. Because nullity treats the marriage as though it never existed, it can affect things like spousal benefit eligibility or how the marriage is characterized on other legal documents, in ways a divorce does not. If those consequences matter to your situation, confirm them with an attorney or the relevant agency before choosing nullity over divorce.
Because a nullity treats the marriage as if it never legally existed, a court cannot automatically divide community property or order spousal support the way it would in a divorce. There was, legally speaking, no marriage to generate community property in the first place.
California addresses this gap through the putative spouse doctrine. If a person believed, in good faith, that their marriage was valid (even though it turns out to have been void or voidable), a court can treat that person as a putative spouse and extend many of the same property and support rights that would apply in a divorce. This generally requires showing an honest, reasonable belief that the marriage was legitimate, not just a hope that it was.
Pro Tip: If your nullity case involves any shared property, income, or debt, raise the putative spouse issue early and be prepared to document your good faith belief that the marriage was valid. This is exactly the kind of fact-specific question worth a consultation with a family law attorney, even if you handle the rest of the filing yourself.
Filing a nullity Petition costs the same court filing fee as filing for divorce or legal separation, generally $435 to $450 depending on the county, since all three case types start with the same Form FL-100. If that fee is a barrier, you can request a waiver or deferral by filing Form FW-001, Request to Waive Court Fees, alongside your Petition. Our guide, How to Fill Out Form FW-001, walks through eligibility and the process.
Where nullity cases often cost more is not the filing fee itself, but the work of proving the ground. A no-fault divorce simply requires checking the "irreconcilable differences" box. A nullity requires establishing facts, that a prior marriage existed, that fraud or force occurred, that a party was underage or of unsound mind, which can mean more time gathering documentation, more detailed declarations, and, in contested cases, a greater likelihood that an attorney's help is worth the added cost. Confirm current filing fees and any local requirements with your county Superior Court self-help center before filing.
<h2 id="common-mistakes">Common Mistakes to Avoid</h2>- Assuming a short marriage, buyer's remorse, or "we made a mistake" qualifies for nullity on its own, without a recognized legal ground
- Filing for nullity without citing a specific ground, or citing the wrong one
- Missing the filing deadline for a voidable marriage ground, particularly fraud or force, without checking the current time limit first
- Assuming property will automatically be divided the way it would be in a divorce, without addressing putative spouse status
- Forgetting that custody, visitation, and child support are still resolved the same way as in a divorce, even in a nullity case
- Confusing a religious or church annulment with a legal nullity of marriage; they are separate processes and one does not affect the other
What is the legal difference between an annulment and a divorce in California?
A divorce (dissolution) ends a marriage that was legally valid. A judgment of nullity says the marriage was never legally valid in the first place, so it restores both people to the status of unmarried persons. Both processes use the same court and largely the same forms, but they rest on very different legal findings.
What is the difference between a void marriage and a voidable marriage?
A void marriage, incestuous or bigamous, is invalid from the moment it happened, whether or not anyone ever asks a court to say so. A voidable marriage is treated as valid unless and until one of the parties asks a court to declare it a nullity, based on a specific ground like fraud, force, or being underage at the time of marriage.
Is there a time limit to file for an annulment in California?
For voidable marriages, yes. California Family Code Section 2211 sets different limits depending on the ground: generally four years from the marriage for force or physical incapacity, four years from discovering the fraud, four years after reaching legal age for underage marriages, and no fixed deadline for unsound mind or an existing prior marriage. Void marriages (incest, bigamy) have no comparable filing deadline. Confirm current details with your county Superior Court self-help center, since this area of law has been changing.
Does a nullity case have the same 6-month waiting period as a divorce?
No. California's mandatory 6-month waiting period, and the residency requirement of 6 months in the state and 3 months in the county, apply to dissolution. Nullity cases do not require meeting the residency test, and there is no 6-month wait built into the process.
What form do I use to file for an annulment in California?
You use the same Petition, Form FL-100, that is used for divorce and legal separation. Near the top of the form, you check the box for nullity instead of dissolution or legal separation, and you cite the specific legal ground you are relying on.
Can property be divided and support ordered in a nullity case?
It is more limited than in a divorce. Because the law treats the marriage as if it never existed, a court cannot always divide property as community property or order spousal support. Relief in these areas generally depends on establishing "putative spouse" status, meaning you believed in good faith that the marriage was valid.
Can we get an annulment if we have children together?
Yes. A nullity finding affects the marital status of the parties, not the legal parentage of any children. Custody, visitation, and child support are addressed the same way they would be in a divorce, following the child's best interest and California's child support guidelines.
Do I need an attorney to file for a nullity of marriage?
Nullity cases often turn on proving a specific legal ground, such as fraud or a prior existing marriage, which can be more fact-intensive than a no-fault divorce. Many straightforward cases can still be self-prepared, but if your case involves disputed facts, significant property, or any safety concerns, a licensed California family law attorney can advise you on strategy that a document preparation service cannot.
How Virdix Helps
Nullity cases start with the same Petition as a divorce, Form FL-100, but they demand more precision: the right ground has to be identified and stated clearly from the outset. Virdix guides you through the questions in plain language, keeps your answers consistent across every form in your case, and prepares court-ready paperwork so nothing is left incomplete.
We do not replace an attorney for contested nullity cases, disputed grounds, or situations involving safety concerns. For straightforward filings, Virdix helps make sure your Petition is complete and correctly prepared from the start.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), California Family Code Sections 2200 through 2212 (leginfo.legislature.ca.gov), Judicial Council of California