Annulment or Nullity of Marriage in California

Definition and Grounds for Annulment

An annulment occurs when a marriage or domestic partnership is legally invalid (contrast that with dissolution proceedings where valid marriage is prerequisite). For example, a marriage or domestic partnership will likely be deemed invalid or void in cases of incestuous or bigamous marriages. The following are other examples of when a marriage or domestic partnership may also be declared void:

. Fraud, physical or mental incapacity or mental retardation, or insanity
. One of the spouses or partners was too young to legally marry or enter into a domestic partnership
. One of the spouses or partners was already married (bigamy) or in a registered domestic partnership

Advantages

- The six-months/three-months residency requirement in dissolution need not be met for annulment judgment.

- The six-month waiting period in dissolution action is not applicable to annulment proceedings.

Consequences

- Voiding interspousal property transaction if fraud is the ground for annulment

- Losing marital property rights.
- Losing the succession or estate rights when other parent is deceased
- Losing spousal support or alimony
- Child custody and child support may still be an issue to address in annulment cases.