How fast can you get an annulment in California?

Asked by: Hunter Kihn  |  Last update: September 26, 2025
Score: 4.1/5 (65 votes)

In general, as long as you pay strict attention to the statutes of limitation above, you can file for annulment as soon as possible. Much like divorce, you must serve your spouse with a summons, notifying them of the petition for annulment, and they will have 30 days to respond.

How long after a marriage can it be annulled in California?

In other cases, a judge can decide a marriage isn't legal

For some of these reasons, you must file a request for an annulment in certain amount of time (usually 4 years).

What qualifies you for an annulment in California?

If it can be proved that one party was not of sound mind at the time of the wedding, the marriage can be annulled. Physical incapacity. An inability to consummate the marriage is also grounds for annulment in California if the incapacity continues and appears to be incurable.

What's the longest you can be married to get an annulment?

For example, in California, annulment requests should generally be filed within four years for fraud. However, states like Texas may require annulment petitions within a shorter time frame for specific grounds.

How much does annulment cost in California?

Some counties also allow electronic filing for marriage dissolution. You can check if your county is one of them on the e-filing page. Note that this method may entail additional service fees. You must also pay a filing fee of $435.

How To Get An Annulment In California

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What are the two most common grounds for annulment?

An annulment is a court ruling that a marriage was never valid. The most common ground for annulment is fraud and misrepresentation. For example, one person may not have disclosed to the other a prior divorce, a criminal record, an infectious disease, or an inability to engage in sex or have children.

Is annulment easier than divorce?

Complexity: Annulment cases can be more complex than divorce cases. The burden of proof is on the person seeking the annulment. They must show that the marriage is invalid, void, or voidable.

Is cheating grounds for annulment?

It is more difficult to get an annulment than it is to get a divorce. Before your marriage can be annulled by the court, you will be required to prove that you have valid grounds for an annulment. Infidelity is not recognized as one of the grounds for annulment.

Can one person annul a marriage?

An annulment case can be initiated by either party in a marriage. The party initiating the annulment must prove that they have the grounds to do so, and if it can be proven, the marriage will be considered null and void by the court.

What are the benefits of an annulment?

Key advantages to getting an annulment include:
  • Equal sharing of marital debt. ...
  • Prenuptial agreements are invalidated. ...
  • The potential to remarry. ...
  • There is no division of property following an annulment. ...
  • Typically faster than a divorce, especially in the case of void marriages, which do not require lengthy court hearings.

How fast is annulment?

The process can take anywhere from a few weeks to a few months, on average. The length of the annulment investigation process will primarily depend on how much information you can provide up front.

How to get a quick divorce in California?

A: The quickest and least expensive way to get a divorce in California is to have an uncontested divorce. This means that both parties are amicable and able to reach a reasonable agreement on the terms of the divorce. The process can take much longer if one or both parties are unwilling to come to an agreement.

How do you prove annulment?

The only way to obtain a civil annulment that legally dissolves your marriage is by proving one of the grounds established by state law. These often include fraud or misrepresentation, lack of consummation, incest, bigamy, lack of consent, unsound mind, or force.

How to qualify for annulment in California?

You must give a reason why your marriage wasn't legal from the start
  1. One of the spouses is married to another person (bigamy)
  2. You got married when you were under 18 and it wasn't legal to do so.
  3. Your spouse tricked you to get you to agree to marry them.

How many days after divorce can you remarry in California?

States also have a mandatory waiting period between divorce and remarriage. In California, it's six months. Per the California legislature Family Code/Chapter 4 Sec 2339, the cooling off period starts on the day either spouse is served divorce papers. The cooling off period has a purpose.

What happens if you don't report a previous marriage?

As long as the previous marriages ended legally, there is no legal requirement for disclosure UNLESS the marriage license specifically asks about them.

How long until a marriage Cannot be annulled?

And some think there's an annulment time frame after which you can't have a marriage annulled. But there's no time limit on when you may annul a marriage.

What is the difference between an annulment and a dissolution in California?

If you file for divorce, you're simply looking to dissolve the marriage and move on with your life. An annulment in California is based upon contesting the actual legality and validity of the marriage itself, with a goal of erasing the marriage from your past.

Can you remarry without an annulment?

Without an annulment, the Church still views you as married to your former spouse, which prevents you from entering into another sacramental marriage. This is why seeking an annulment is crucial if you wish to remarry within the Catholic Church. Everyone deserves another chance at a life that reflects their faith.

What is the most common ground for annulment?

Here are the most common reasons why spouses seek a marriage annulment: Fraud/misrepresentation: When a spouse lied about important issues relating to the marriage, the other spouse could seek to annul the union.

What happens if you commit adultery while married?

Adultery can be used as grounds for divorce but complicates the proceedings. Infidelity can impact the property division if marital funds were involved in the affair. Alimony can be influenced by adultery in some instances. Child custody is affected by adultery when the affair directly impacts the child.

Do you need proof of cheating for divorce?

California is a no-fault divorce state, which means that neither party has to prove that the other is at fault for the marriage ending. This includes infidelity.

What percentage of annulments are denied?

Now, according to Vatican figures, about 50,000 annulments are granted annually by U.S. tribunals _ more than two-thirds of all annulments worldwide _ and less than 10 percent of annulment applications are denied.

What is the disadvantage of annulment?

Disadvantages of an Annulment

Issues or fault are highly probative in an annulment proceeding. Unlike divorce, where fault is not an issue, in an annulment proceeding fault can have a huge impact on how property is split, whether support is issued and how attorney fees are paid. There is no per se community property.

Why is it so hard to get an annulment?

Therefore, an annulment is only appropriate in specific circumstances. The grounds for an annulment in California include: Incest: if the spouses are closely related by blood, marriage, or adoption. Bigamy: if one spouse was already legally married to another person at the time of the current marriage.