Affordable Help with Annulment (Nullity) Cases in California
Understand whether you qualify for an annulment (nullity of marriage) and get experienced attorney assistance preparing your required paperwork.
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Convenient, Experienced Assistance with California Annulment Cases
An annulment, formally called a nullity of marriage in California, is a court order declaring that a marriage is invalid and, in some cases, that it never legally existed. Unlike a divorce, which ends a valid marriage, an annulment addresses situations where the marriage itself was flawed from the beginning due to specific legal defects.
Annulments are not available in every situation. California law limits nullity to specific grounds set out in Family Code sections 2200 through 2255. Many people who believe they qualify for an annulment actually do not, and pursuing one without understanding the legal requirements can result in wasted time and filing fees.
The Law Office of Dan Sweeney provides affordable, limited-scope assistance for self-represented litigants considering or pursuing an annulment in California. We help you determine whether your situation meets the legal requirements, explain your options, and assist with the paperwork if you decide to move forward.
Common Projects
Custody or Visitation Orders
We review your circumstances, discuss options, and help with paperwork.
Learn more about California custody and visitation →Child Support Requests
We review your circumstances, run guideline calculations and assist with necessary paperwork.
Learn more about California child support →Written Discovery
We review your evidentiary needs, create a discovery plan and assist in drafting requests.
Learn more about California discovery requests→New Divorce/Legal Separation
We introduce you to the process, answer your questions, and assist with initial paperwork.
Learn more about California divorce and legal separation →Mandatory Financial Disclosures
We help organize your information and ensure your financial paperwork is completed properly.
Learn more about California’s mandatory financial disclosures →Divorce or Separation Judgment
We help you obtain your final judgment and assist with the necessary paperwork.
Learn more obtaining a California judgment of divorce →Annulment vs. Divorce: Understanding the Difference
A divorce dissolves a valid marriage. After a divorce, you are legally a “divorced” person. An annulment declares that the marriage was never valid in the first place. After an annulment, your legal status returns to “single” or “unmarried” rather than “divorced.” For some people, this distinction matters for personal, religious, or cultural reasons.
However, annulments are harder to obtain than divorces. You must prove specific legal grounds to the court, and simply wanting an annulment or having a short marriage is not enough. A divorce has no waiting period for filing (though it has a six-month waiting period for the judgment to become final), and it does not require you to prove grounds beyond irreconcilable differences. An annulment requires evidence of a specific legal defect in the marriage itself.
If you are unsure whether your situation qualifies for an annulment or whether a divorce would be the better path, that is exactly the kind of question we help clients answer. Getting this right at the beginning of the process saves time, money, and frustration.
Simple Flat Fee Pricing
- ✓ Experienced and thoughtful assistance
- ✓ Trustworthy advice and direction
- ✓ Assistance preparing necessary documents
- ✓ Filing and service instructions. Add-on services for filing and service available at additional cost.
- ✓ No retainer or ongoing commitment
*Discount of $50 available to litigants with an active fee waiver order or current qualification under sections 5a or 5b of the Request to Waive Court Fees (FW-001). Use coupon code FEEWAIVER when booking your session.
How It Works
Schedule
Visit our booking page and book a video conference session. Pick the day and time that works best for you.
Prepare
Ensure relevant info and documents are available. Jot down notes to discuss. Be organized.
Attend
We’ll discuss your goals and options, and prepare the forms you’ll need to move forward.
Legal Grounds for Annulment in California
California recognizes two categories of invalid marriages: void marriages and voidable marriages. Each has different grounds and different rules.
Void Marriages (automatically invalid)
Voidable Marriages (valid until annulled by court order)
Frequently Asked Questions
The length of the marriage alone is not a basis for an annulment in California. You must prove one of the specific legal grounds listed in Family Code section 2210. A short marriage may make it easier to prove certain grounds (such as fraud), but the duration itself does not qualify you. If you do not meet the grounds for annulment, a divorce is the appropriate option, and California does not require you to prove fault to obtain one.
It depends on what the lie was about. California courts require that the fraud go “to the essence of the marital relation.” This generally means the deception must relate to something fundamental to the marriage, such as the ability or willingness to have children, the intent to consummate the marriage, or marrying for immigration purposes only. Lies about finances, career, or personal history, while troubling, typically do not meet the legal standard for annulment fraud. We can help you evaluate whether your specific situation qualifies.
Because an annulment declares that a valid marriage never existed, community property rules technically do not apply. However, California courts can use a “putative spouse” doctrine (Family Code section 2251) to protect a party who believed in good faith that the marriage was valid. A putative spouse can receive the same property protections as a spouse in a divorce. The court evaluates the circumstances to determine a fair outcome.
Yes, and the time limit depends on the specific ground. Fraud and force have a four-year statute of limitations (measured from the date of discovery for fraud, and from the date of marriage for force). Age has a specific deadline tied to turning 22 or four years after reaching 18. Void marriages (incest, bigamy) have no time limit. Missing the deadline means you lose the ability to pursue an annulment, and a divorce would be your remaining option.
No. Under California law, children born during a marriage that is later annulled are still considered legitimate children of both parties. An annulment does not affect parentage. The court will still make custody, visitation, and child support orders as part of the annulment proceeding, just as it would in a divorce.
It depends on the complexity. An initial session to evaluate whether you meet the legal grounds and discuss your options is a good starting point. If you proceed with an annulment and the case is contested, additional sessions for hearing preparation may be needed. Most annulment cases require a few sessions total.
About Dan
Dan Sweeney brings more than 20 years of California family law experience to every session.
- ✓ Former manager of the San Diego Superior Court Family Law Facilitator’s Office
- ✓ Assisted thousands of self-represented litigants in a wide array of issues
- ✓ Over ten years experience representing clients in divorce and custody litigation
- ✓ Understands what your judicial officer is looking for and where self-represented litigants often fall short
Need Help with Your Case?
Book a 90-minute session and get affordable, convenient and professional help from an experienced California family law attorney. No expensive retainer and no ongoing commitment.
Book a Session Call 619-878-8385