California Annulment Laws: Grounds, Deadlines and How to File (2026)

California calls an annulment a judgment of nullity of marriage. A marriage can be declared a nullity if it was void from the start under Family Code sections 2200 and 2201 (incest or bigamy), or if it is voidable under section 2210 because one of six listed conditions existed on the wedding day.

Most voidable grounds carry a filing deadline in section 2211, and several are lost if the spouses freely cohabited after the problem ended.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil annulment (nullity of marriage) in California under Family Code sections 2200, 2201, 2210 to 2212 and 2250 to 2255, plus the filing guidance on the California Courts self-help site. It does not cover divorce, legal separation, other states' annulment rules, or religious annulment. For ending a valid marriage, see California divorce laws.

What California calls an annulment

In California an annulment is a judgment of nullity of marriage. Under Family Code section 2250(a), the case begins with a petition titled "In re the marriage of" the two spouses, which "shall state that it is a petition for a judgment of nullity of the marriage."

Section 2212(a) states the result plainly:

"The effect of a judgment of nullity of marriage is to restore the parties to the status of unmarried persons." Cal. Fam. Code 2212(a)

Section 2212(b) adds a limit: the judgment "is conclusive only as to the parties to the proceeding and those claiming under them."

The Family Code sorts defective marriages into two groups. Void marriages (sections 2200 and 2201) are invalid from the beginning. Voidable marriages (section 2210) "may be adjudged a nullity" if a listed condition existed at the time of the marriage, but only by the people and within the time limits section 2211 sets.

Void marriages: incest and bigamy

Section 2200 makes certain marriages between relatives "incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate." The listed relationships are:

• parents and children;
• ancestors and descendants of every degree;
• siblings of the half blood or the whole blood;
• uncles or aunts and nieces or nephews.

Section 2201(a) makes a later marriage "illegal and void" when a person marries someone new during the life of a former spouse. There are two exceptions. The first is that the earlier marriage was dissolved or adjudged a nullity before the new wedding.

The second exception covers a former spouse who was absent and not known to be living for five successive years before the new marriage, or who was generally reputed or believed to be dead when it was contracted. In those situations section 2201(b) treats the later marriage as valid until its nullity is adjudged under section 2210(b), so the same facts reappear in the voidable list below.

Voidable marriages: the six grounds in section 2210

Section 2210 opens: "A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage." Section 2211 then says who may bring each claim and when. The table pairs them.

Section 2210 names six conditions. A reason for ending a marriage that fits none of them, and is not one of the void grounds in sections 2200 and 2201, is not a ground the statute lists.

Fraud and force

The fraud ground reads: "The consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as his or her spouse" (section 2210(d)). The four-year clock for fraud runs from discovery of the facts, not from the wedding.

The Family Code sections covered here do not define which misrepresentations count as fraud for an annulment. That question is answered by court decisions this page does not cover, so a California family lawyer is the right source for a specific situation.

The force ground (section 2210(e)) is lost if the spouse whose consent was forced "afterwards freely cohabited with the other." Its four-year limit runs from the marriage, and that is the deadline the 2027 amendment loosens.

Unsound mind and physical incapacity

An unsound-mind claim can be brought by the injured spouse or by a relative or conservator of the spouse of unsound mind, any time before either spouse dies (section 2211(c)). It is barred if that spouse, after coming to reason, freely cohabited with the other as a spouse (section 2210(c)).

The physical-incapacity ground requires that the incapacity existed at the time of the marriage, "continues, and appears to be incurable" (section 2210(f)). Only the injured party may file, within four years after the marriage (section 2211(f)).

Underage marriage and annulment

California sets marriage capacity at 18. Section 301 says two unmarried persons "18 years of age or older, who are not otherwise disqualified, are capable of consenting to and consummating marriage."

A person under 18 may receive a marriage license only "upon obtaining a court order granting permission" under section 302(a), following the requirements of section 304. Section 304 requires Family Court Services to prepare a written report for the court, including "any assessment of potential force, threat, persuasion, fraud, coercion, or duress." If a party is 17 or younger, the couple may request the license no earlier than 30 days after the court order issued (section 304(b)). Section 304(f) sets exceptions, including for a 17-year-old with a high school diploma or equivalency certificate and for a 16 or 17-year-old who is pregnant or whose prospective spouse is pregnant.

An underage marriage is voidable, not void: the void list in sections 2200 and 2201 has no age ground. Under section 2210(a), a spouse who was under 18 can seek a nullity judgment unless the marriage was entered under section 302 or 303. Sections 302, 303 and 2210 were amended by SB 273 (Stats. 2018, ch. 660), effective January 1, 2019.

Deadlines, and the change to section 2211 on January 1, 2027

The deadlines in the table above come from the version of section 2211 in force now. Assembly Bill 1134 (Stats. 2025, ch. 633) amended section 2211 effective January 1, 2026, and added a second version of the section that becomes operative on January 1, 2027.

The 2027 version adds a path for force-based petitions: a petition filed after the four-year period may go forward on a showing of good cause (new section 2211(g)(1)). Until January 1, 2027, the version without that good-cause clause governs.

Some online copies of section 2211, including statute databases, already display the 2027 text. Check which version you are reading against the date you plan to file.

How to file for an annulment in California

The petition is the starting document. Section 2250(a) covers proceedings based on void and voidable marriages alike, and requires the petition to state that it seeks a judgment of nullity of the marriage.

California Courts self-help guidance describes two practical differences from divorce:

"No 6-month residency requirement : You do not need to have lived in California for 6 months and 3 months in the county where you file to start the process. You just need to live in California when you file." California Courts Self-Help, Annulment

"No 6-month waiting period : Unlike in a divorce, you do not need to wait 6 months after your spouse was served papers for the case to be finished and go back to being single." California Courts Self-Help, Annulment

The 6-month state and 3-month county residency rule in Family Code section 2320(a) is written for a judgment of dissolution of marriage, which is why it does not carry over to annulment.

The California Courts self-help annulment page is the official starting point for the filing steps. This page does not list form numbers.

Under section 2255 the court may grant attorney's fees and costs in proceedings to have a marriage adjudged void, and in voidable-marriage proceedings when the party asking is found "innocent of fraud or wrongdoing in inducing or entering into the marriage" and free from knowledge of any prior marriage or other impediment to the marriage.

Property, support and children after an annulment

In a nullity case the court has jurisdiction under section 2010 over the status of the marriage, custody of minor children, child support, support of either party, settlement of property rights, and attorney's fees and costs. For property and spousal support, though, the Family Code adds a condition.

Property. If the division of property is in issue, the court divides property acquired during the union that would have been community or quasi-community property "only upon request of a party who is declared a putative spouse" (section 2251(a)(2)). The statute calls this property "quasi-marital property," and it is divided under Division 7 of the Family Code.

Spousal support. Section 2254 lets the court order support during the case or on judgment "in the same manner as if the marriage had not been void or voidable," but only if the party who would receive it "is found to be a putative spouse."

The California Courts self-help page puts it this way: "A judge can only divide your property or order spousal support if one of you thought your marriage was legal."

Children. Under section 2253, "custody of the children shall be determined according to Division 8 (commencing with Section 3000)," the same custody law used in other family cases. For how California decides custody, see California child custody laws.

Family Code section 7611 presumes a person to be a child's parent when the child is born during the marriage, or during an attempted marriage solemnized in apparent compliance with law that is or could be declared invalid, or within 300 days after the marriage ends by annulment, declaration of invalidity or divorce (sections 7611(a) and (b)). For a marriage that is void without a court order, the presumption instead covers a child born within 300 days after the couple stopped living together (section 7611(b)(2)). If you have children together, ask the court's self-help center or a California family lawyer how parentage applies in your case.

Putative spouse protection

A putative spouse is the person the annulment property and support rules protect. Section 2251(a) provides that if a marriage is void or voidable "and the court finds that either party or both parties believed in good faith that the marriage was valid," the court "shall" declare that party or parties "to have the status of a putative spouse."

The self-help site defines the term the same way: "A putative spouse is someone who in good faith believed their marriage was legal." Both spouses can qualify, or only one. Section 2251 was last amended by AB 380 (Stats. 2015, ch. 196), effective January 1, 2016.

Annulment vs divorce in California

A divorce ends a valid marriage on the grounds in Family Code section 2310: irreconcilable differences that caused the irremediable breakdown of the marriage, or permanent legal incapacity to make decisions. An annulment instead requires proof that the marriage was void or voidable under sections 2200, 2201 or 2210.

For the full divorce process, see California divorce laws. If you are not sure you were ever legally married, California common-law marriage explains how informal unions are treated, and California marriage and divorce records covers getting copies of marriage and court records.

Religious annulment is a separate process

A church or religious annulment and a court judgment of nullity are separate processes. One does not take the place of the other; the civil status of a California marriage changes only through a court judgment.

Disclaimer: This article provides general legal information about annulment (nullity of marriage) under the California Family Code and California Courts self-help guidance, verified on 2026-10-07. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, consult a lawyer licensed in California or the self-help center at your local California superior court.

Related

• Annulment laws in every state
• California divorce laws
• California common-law marriage
• California marriage and divorce records
• California child custody laws

Last updated: 2026-10-07.

Frequently Asked Questions

How long do I have to get an annulment in California?

It depends on the ground. Under Cal. Fam. Code 2211, fraud claims must be filed within four years after discovering the fraud, force and physical-incapacity claims within four years after the marriage, and unsound-mind claims before either spouse dies.

Can you get an annulment in California after living together?

For unsound mind, fraud and force, freely cohabiting as spouses after the problem ends (after coming to reason, or with full knowledge of the fraud) bars the claim under Cal. Fam. Code 2210(c)-(e). The other grounds have no such bar in the statute.

Do I need to live in California for six months to get an annulment?

No, according to California Courts self-help guidance: you only need to live in California when you file. The 6-month and 3-month rule in Fam. Code 2320(a) applies to divorce judgments.

Is a marriage under 18 void in California?

No. It is voidable under Cal. Fam. Code 2210(a), unless the marriage was entered under the court-order process in sections 302 or 303. The underage spouse has four years after reaching the age of consent to file.

Can I get spousal support after an annulment in California?

Only if the spouse seeking support is found to be a putative spouse, meaning a spouse who believed in good faith that the marriage was valid (Cal. Fam. Code 2251, 2254).

Is there a waiting period for an annulment in California?

California Courts self-help guidance says there is no 6-month waiting period for an annulment, unlike a divorce, which Fam. Code 2339(a) keeps from becoming final for six months after service or appearance.

What changes in California annulment law on January 1, 2027?

A new version of Cal. Fam. Code 2211, added by AB 1134 (Stats. 2025, ch. 633), lets a force-based annulment petition filed after the four-year limit go forward on a showing of good cause.

Who decides custody when a California marriage is annulled?

The court decides custody under Division 8 of the Family Code, the same custody law used in other family cases (Cal. Fam. Code 2253).