San Diego Annulment Attorney

You’ve recently been married, but you must end it because you discovered a fact, like bigamy or fraud, that makes the union illegal. Perhaps your religion does not allow divorce, yet you cannot stay in the marriage. 

Our San Diego annulment attorneys have experience with annulment petitions and responses in San Diego Family Court. We can advise you on whether you qualify. Annulment is legally different from divorce because it declares that the marriage never legally existed. However, not every unhappy or short marriage qualifies. Contact Bremer Whyte Brown & O’Meara to schedule a confidential consultation so that we can discuss your next steps.

What Is an Annulment? 

An annulment is a court judgment declaring that a marriage was never legally valid. It’s different from divorce, which ends a legal marriage. Annulment is a distinct legal process with its own rules, grounds, and deadlines. It is not a shortcut to ending a legal marriage, nor is it a faster or easier version of divorce. The legal requirements for an annulment are strict.

A common misconception is that annulment erases the fact that a marriage ever existed. Many people treat the process as though it will clean the slate and remove all proof that a marriage happened. However, an official record of the marriage and the annulment will still exist, even though the marriage is treated as though it never legally existed. Understanding the purpose of an annulment helps set realistic expectations.

Grounds for Annulment in California

Unlike divorce, a party seeking an annulment does not have an automatic right to one. It must prove that specific grounds existed at the time of the marriage. The grounds for annulment are limited to rare situations in which there was inherent unlawful conduct, fraud, or unforeseen circumstances, including:

• Incest. If the spouses are close blood relatives, such as parent and child, siblings, or aunt/uncle and niece/nephew, the marriage is legally void from the beginning.
• Bigamy. One spouse was already legally married to someone else at the time of the wedding. 
• Underage marriage. One or both parties were under the age of 18 at the time of the wedding and were married without the required parental consent and/or court approval.
• Missing spouse presumed dead. One of the spouse’s previous spouses, who was absent and believed to be deceased, is discovered to be still alive. 
• Unsound mind. A spouse lacked the mental capacity to understand the nature of the marriage contract and the rights and duties that come with it—for example, someone who was heavily intoxicated at the time of the wedding.
• Fraud. Either spouse misrepresented something that would have prevented the marriage if the other person had known. For example, concealing an existing pregnancy or marrying to get a green card.
• Physical incapacity. A spouse is physically unable to consummate the marriage; the condition causing the inability is permanent, but the other spouse was unaware of the condition at the time of the wedding.
• Force or duress. One of the spouses was forced or pressured into the marriage against their will through severe coercion, physical violence, threats, blackmail, or a complete lack of free choice at the moment of the ceremony. 

Any of these grounds must have existed at the time of the marriage to qualify for annulment. Continuing to live together willingly after learning the truth may affect eligibility in some situations, unless the spouse filing for annulment had no other option than to continue cohabitation.

Statute of Limitations for Annulment in California

Unlike divorces, which can be filed at any time, annulment petitions must generally be filed within specific deadlines depending on the grounds. The statutes of limitations for annulment are as follows:

• Bigamy: no time limit; must be filed while the parties are alive.
• Underage marriage: within four years of the underage spouse turning 18.
• Missing spouse presumed dead: no time limit; must be filed while the parties are alive.
• Unsound mind: at any point before the death of either spouse.
• Fraud: within four years of the marriage.
• Physical incapacity: within four years of the marriage.
• Force or duress: within four years of the marriage.

If the statute of limitations deadline has passed for the applicable ground, divorce is typically the only other option for legally ending the marriage.

What Happens to Property, Support, and Custody After an Annulment? 

Because an annulled marriage is treated as if it never legally existed, there is generally no community property to divide, and spousal support is usually not available. Exceptions exist depending on the specific situation, but generally, annulments revert both spouses to the legal marital status they were in before the marriage, as if the marriage never happened. This differs significantly from divorce and can negatively impact a lower-earning spouse.

The putative spouse doctrine is a critical exception to the general rule. A person who believed in good faith that their marriage was valid, who later finds out that they are a putative spouse, may still be entitled to a share of the property acquired during the relationship. They may also receive spousal support orders, even though the marriage itself is annulled. This most often applies in scenarios of bigamy where one spouse is already married and marries for a second time without telling either person about the other.

In terms of custody and child support, annulment does not change how the issues are handled. A court can still enter custody, visitation, and child support orders for children of the relationship regardless of whether the marriage itself is annulled. These determinations are based on the best interests of the child, not on the validity of the marriage. Parents are still held responsible for their child, and the child’s legal protections stay in place.

Where to File: Jurisdiction in an Annulment Case

Annulment cases work differently from divorces when it comes to filing requirements. California has specific residency requirements for divorce that don’t apply to annulments. However, the court still needs a connection to have jurisdiction to annul a marriage. Either the marriage must have taken place in California, or at least one spouse must currently live in the state. It’s important to confirm jurisdiction with a lawyer before filing anything to avoid denials.

Our San Diego Annulment Lawyers

Our family law team has experience representing both petitioners and respondents in annulment cases, including contested matters where the grounds or the putative spouse doctrine are disputed.