The marriage annulment in the state of California

When it comes to divorce or separation in the state of California, it is important to state that there are 3 means of ending a marriage,

  • Divorce
  • legal separation
  • Annulment

Annulment genuinely implies that the court (with accordance to the laws that apply to that court) accepts the fact that the marriage or domestic partnership is not legal.

When it comes to marriage annulment in California, the annulment has to prove that the marriage or domestic partnership has legal reasons to be annulled. Some of the reasons are

  •  Incest
  • Bigamy
  • Legal age of the spouses that have entered the marriage or the domestic partnership
  • The existing marriage or domestic partnership ( that has not legally been terminated)
  • Unsolicited mind
  • Fraud
  • Force
  • Physical incapacity.

When it comes to annulations process in California, the process is only real and possible if started within a real time period.

In the case of underage marriage annulment, the annulment can be done only if the process starts within 4 years after the marriage was made, or a guardian of the minor age partner can sign up for the annulations while the partner that is under the custody is still under age of 18.

In the case that there is still valid marriage or domestic partnership of one of the partners, the time limitation for the annulment can be made as long as both partners of the former community are still alive. This implies that as long as there is a legally valid partnership of the persons, the other marriage or other domestic partnership has no time limit in which can be broken.

When it comes to time limitation of annulment of marriage in the case in which one of the partners has unsound mind, there is no time limited, and the marriage can be annulled in the period of life of both partners.

If the marriage or domestic partnership has been made under a certain fraud, the marriage annulment has to be charged by the person that has been deceived and the legal process of annulment has to be within the 4 years period once the fraud has been discovered.

In the case that the marriage has been made upon certain force to one of the partners, the marriage annulment in California is possible only in the case when it is filed by the jeopardized partner, within 4 years after the marriage or partnership have been legally registered.

Physical incapacity is also one of the cases in which one of the partners can ask from the California court a legal annulment of the marriage or the partnership. This type of annulment is valid only when one party claims the inability or the incapacity of their spouses, and the annulment can be granted only in the case if it is charged within a 4 year period of legality of the marriage or the partnership.


When it comes to other relevant informations, you can use the official California Court website or find relevant lawyer on