Most people search for how to get an "annulment," but every state treats it as a specific, fact-based legal claim rather than a simple alternative to divorce. You have to identify a recognized legal ground the marriage was never valid, not just that it did not work out. Here is the general process, followed by how California and Florida each handle it.
Key Takeaway: An annulment (called a judgment of nullity in some states, like California) requires a specific legal ground that existed at the time of the marriage, such as bigamy, being underage, or fraud. It is not available simply because a marriage was short or a mistake. California uses the same Petition form as divorce, with the nullity box checked. Florida has no dedicated annulment statute or statewide form; cases are filed in circuit family court based on case law grounds.
How Do I File for an Annulment?
In general terms, filing for an annulment looks like this:
- Identify your legal ground. You need a specific, recognized reason the marriage was never legally valid, not simply that you regret it or it was brief.
- File a petition with the family court, naming both spouses, stating the marriage date, and identifying the ground you are relying on.
- Serve the other spouse with the filed petition, giving them the chance to agree, contest, or ask for a divorce or legal separation instead.
- Address children and property, if applicable, which can be more limited in an annulment than in a divorce.
- Attend a hearing or submit final paperwork, depending on your state, so a judge can review and grant the annulment.
Exact forms and steps vary by state, so confirm the current process with your local family court before filing.
What's the Difference Between an Annulment and a Divorce?
A divorce ends a marriage that was legally valid. An annulment says the marriage was never legally valid in the first place, so it restores both people to unmarried status as though the marriage, legally speaking, never happened. Because of that difference, an annulment requires proving a specific ground, while most divorces (in no-fault states) simply require stating the marriage cannot be saved. Property division and spousal support can also work differently in an annulment, since a court cannot always treat annulled-marriage assets as community or marital property.
What Are Valid Legal Grounds for Annulment?
While exact grounds vary by state, the following are commonly recognized reasons a court can annul a marriage:
- Bigamy, one spouse was already validly married to someone else at the time
- Underage marriage, a spouse was under the legal age and did not have required consent
- Fraud, one spouse's agreement to marry was obtained through deception about something central to the marriage
- Force or duress, one spouse was coerced into the marriage
- Incest, the spouses are related in a way the law prohibits
- Lack of mental capacity, either spouse was unable to understand and consent to the marriage
A short marriage, buyer's remorse, or mutual agreement that it was a mistake is not, on its own, a legal ground for annulment. Adultery that occurs after the marriage begins is also not a ground for annulment, since the ground has to relate to the validity of the marriage at the time it was entered into. Someone searching how to file adultery as part of an annulment case is usually looking for the wrong tool: adultery during the marriage is generally a divorce or alimony issue in states that consider marital conduct, not a basis to say the marriage itself was invalid from the start.
If you are asking how to apply for annulment of marriage, or how to file for marriage annulment, in the broadest sense, the answer is the five-step process above: identify your ground, file the petition, serve your spouse, address children and property, and get a judge's final ruling.
How Do I Fill Out an Annulment Worksheet?
Before completing the official court petition, it helps to organize the facts you will need using an informal worksheet (this is not an official court form; it is a preparation step). At minimum, gather:
- The date and location of the marriage
- The specific legal ground you believe applies
- Key dates and any documentation supporting that ground (for example, records of a prior undissolved marriage in a bigamy case)
- Information about any children of the marriage
- A basic list of shared property and debts
This is different from a divorce mediation worksheet, which mediators use to help spouses work through property and custody decisions in a divorce case. An annulment worksheet is about documenting your legal ground; a divorce mediation worksheet is about negotiating terms, and the two apply to different kinds of cases.
Having this organized before you start the actual petition makes the official filing faster and reduces the chance of errors that could delay your case.
Can You Do a DIY Annulment Without a Lawyer?
Sometimes, particularly in uncontested cases where the facts supporting your ground are clear and well documented. Annulment cases generally require more detailed factual proof than a no-fault divorce, since the court has to be satisfied a specific ground actually applies, not just that both spouses want out. A case involving disputed facts, significant shared property, or children is a stronger candidate for talking to a family law attorney before filing, since a document preparation service can help you complete forms accurately but cannot advise on litigation strategy or contested facts.
How Do I Get an Annulment in California?
California calls this a judgment of nullity rather than an annulment. Under California Family Code Sections 2200 through 2212, marriages fall into void categories (incest and bigamy, invalid from the start) and voidable categories (including underage marriage, a prior existing marriage, unsound mind, fraud, force, and physical incapacity, each valid until a court says otherwise).
You use the same Petition, Form FL-100, used for divorce and legal separation, checking the nullity box instead and citing your specific ground. According to the California Courts Self-Help Guide, you do not need to meet the divorce residency requirement (6 months in the state, 3 months in the county) or wait the standard 6-month period to finish the case, and a judge can only divide property or order spousal support if one spouse qualifies as a putative spouse, meaning they believed in good faith the marriage was valid.
California does not maintain a separate stack of annulment forms california outside the standard divorce forms; what a search for annulment forms california actually returns is the same Judicial Council FL-series forms used for divorce, with the nullity box checked. For the full step-by-step process, see our guide to annulment in California.
How Do I Get an Annulment in Florida?
Florida does not have a dedicated annulment statute the way it has Chapter 61 governing dissolution of marriage, and there is no standardized statewide annulment petition form. Florida law does recognize annulment as a distinct case type; for example, the statute governing service of process by publication expressly allows that method of service "for dissolution or annulment of marriage."
Florida annulment cases are filed as a general family law petition in the circuit court and rely on grounds developed through Florida case law, such as bigamy, fraud, or a marriage entered into without legal capacity, rather than a single statute listing every ground. A petition for annulment of marriage florida courts will accept generally has to identify your specific ground in the same detail a bigamy or fraud claim would require anywhere else, even without a standardized form to fill in. Because there is no standard form and the case law is fact-specific, this is a situation where checking with your circuit's family law self-help resources or a Florida family law attorney before filing is worth doing, especially if your case is contested.
How Virdix Helps
An annulment case starts with identifying the right legal ground, which matters for what happens next. Virdix prepares the California nullity Petition (Form FL-100) and related forms from your answers to a guided questionnaire. Virdix does not currently prepare Florida annulment paperwork, since Florida has no standardized statewide form for it. The current launch price is $79 through October 31, 2026, for California and Florida filings Virdix supports.
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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. Rules vary by state; confirm current requirements with your court's self-help center or a licensed family law attorney. For advice about your specific situation, consult a licensed attorney in your state.
Sources: California Courts Self-Help Guide (selfhelp.courts.ca.gov), California Family Code Sections 2200 through 2212 (leginfo.legislature.ca.gov), Florida Statutes Chapter 49 (leg.state.fl.us)