Annulment Lawyers Helping Clients Navigate The California Annulment Process
Orange County Annulment Lawyer Helping Clients Void Their Former Marriage
When a marriage ends in California, most people think of divorce as the only option. However, for individuals whose marriages were never legally valid, an annulment, known in California as a declaration of nullity, may be available. At Sarieh Family Law, our Orange County annulment attorney understands that these cases involve sensitive, often painful circumstances. We bring over 20 years of family law experience and a Certified Family Law Specialist designation to every case we handle, giving our clients the focused legal guidance they deserve.
What Clients are saying
What Is an Annulment in California?
An annulment, formally called a nullity of marriage or nullity of domestic partnership, is a legal proceeding that declares a marriage never legally existed. Unlike a divorce, which legally dissolves a valid marriage, an annulment treats the marriage as though it never took place under the law.
This distinction carries significant legal consequences. When a divorce ends a marriage, the court divides marital property and may award spousal support. When a nullity is granted, the court generally concludes there was no valid marriage to divide, though there are important exceptions discussed below.
California recognizes two categories of invalid marriages: void marriages and voidable marriages. Understanding which category applies to your situation is essential before filing, as the process and legal consequences differ.
The legal standards governing annulments in California are found primarily in the California Family Code, beginning at Section 2200. Our Orange County annulment lawyer will review the specific facts of your situation and identify whether your marriage qualifies.
Void Marriages vs. Voidable Marriages in California
One of the most important distinctions in California annulment law is whether a marriage is void or voidable. Though both can result in a declaration of nullity, they have different legal meanings.
Void Marriages
A void marriage is automatically invalid from the moment it occurs. No court action is technically required to make it invalid, but obtaining a court declaration is strongly recommended to protect your legal rights. California Family Code Sections 2200 and 2201 identify two categories of void marriages:
- Incestuous marriages: marriages between close blood relatives, including parents and children, siblings, half-siblings, and ancestors and descendants of any degree.
- Bigamous marriages: marriages where one spouse was already lawfully married to someone else at the time of the second marriage, and that prior marriage had not been dissolved.
Because void marriages are considered legally non-existent, there is no statute of limitations for filing a nullity action based on these grounds.
Voidable Marriages
A voidable marriage is legally valid unless and until a court formally declares it void. This means that if no one challenges the marriage, it remains legally valid. California Family Code Section 2210 identifies the grounds for voidable marriages:
- Age (under 18 at the time of marriage)
- Unsound mind (mental incapacity at the time of marriage)
- Fraud
- Force or duress
- Physical incapacity preventing consummation of the marriage
Voidable marriages carry specific statutes of limitations, meaning you must file within a certain period after discovering or experiencing the qualifying condition.
Summary: Void vs. Voidable Marriages in California
| Category | Grounds | Statute of Limitations |
|---|---|---|
| Void | Incest (Family Code §2200). Either party, heirs, or interested persons | None |
| Void | Bigamy (Family Code §2201). Either party, heirs, or interested persons | None |
| Voidable | Age under 18 (Family Code §2210). Either party, parent, or guardian | Before 18, or within 4 years after turning 18 |
| Voidable | Unsound mind (Family Code §2210). Either party, relative, or conservator | No time limit while incapacity exists |
| Voidable | Fraud (Family Code §2210). Defrauded party only | 4 years from the discovery of fraud |
| Voidable | Force or duress (Family Code §2210). Coerced party only | 4 years from the date of marriage |
| Voidable | Physical incapacity (Family Code §2210). Either party | 4 years from the date of marriage |
- International and Cross-Border Assets in an Orange County Divorce: Offshore Accounts and Foreign Real Estate Divorces involving international property present unique legal and financial challenges. High-net-worth couples in Orange County often hold diverse global assets, including commercial real estate in Asia, ancestral property in Mexico, private equity stakes in Europe, or bank accounts in Switzerland and the Middle East. Cross-border divorces in California require balancing two distinct legal principles: Mandatory Worldwide Disclosure: California law forces both spouses to disclose every single asset owned across the globe,… Read More
- Are Prenuptial and Postnuptial Agreements Enforceable in California? Common Grounds for a Challenge A prenuptial or postnuptial agreement is only as valuable as its ability to withstand a challenge in court. In California, family law judges set aside marital contracts far more often than many spouses expect. Agreements rarely fail because judges dislike prenups. Instead, they fail because California enforces strict technical rules during drafting and signing. A prenuptial agreement can be fair on its face, yet completely invalid if execution deadlines or… Read More
Grounds for Annulment in California
California Family Code Section 2210 sets out the specific legal grounds that qualify a marriage for annulment. Understanding these grounds in depth helps ensure you approach your case with accurate expectations.
Marriage of an Underage Person
In California, individuals under the age of 18 may not legally marry without a court order. If a person was under 18 at the time of the marriage, either that person, a parent, or a guardian may petition for nullity. The petition must be filed before the minor turns 18 or within four years after the minor reaches the age of majority.
Unsound Mind
A marriage may be annulled if either party lacked the mental capacity to understand the nature of marriage and its obligations at the time of the ceremony. This can include situations involving severe mental illness, dementia, or being under the influence of a substance to a degree that prevents meaningful consent.
An annulment based on unsound mind may be filed by the person who lacked capacity, their relative, or their conservator. There is generally no statute of limitations while the incapacity persists.
Fraud
Fraud is one of the most commonly litigated grounds for annulment in California. To succeed on a fraud claim, the petitioning party must show that the other spouse made a misrepresentation that went to the heart of the marriage itself, meaning the false representation affected the petitioner’s decision to marry.
California courts have held that not every lie or omission constitutes fraud sufficient to void a marriage. Courts typically require that the fraud involve matters directly related to the marital relationship, such as concealing a prior marriage, fraudulently representing an intention to have children, or misrepresenting religious beliefs essential to the other party’s decision to marry.
The statute of limitations for fraud is four years from the date you discovered or reasonably should have discovered the fraud.
Force or Duress
A marriage entered into under physical threat, coercion, or duress is voidable in California. Force means actual or threatened physical harm; duress refers to pressure or compulsion that overcomes the person’s free will. The statute of limitations is four years from the date of the marriage.
Physical Incapacity
If either spouse has an incurable physical condition that prevents consummation of the marriage, the marriage may be annulled. This ground requires that the incapacity be present at the time of marriage, be ongoing, and be incurable. The petition must be filed within four years of the date of marriage.
Prior Existing Marriage (Bigamy)
If your spouse was already legally married to another person when you wed, your marriage is void under California Family Code Section 2201. In some cases, a spouse may have believed their prior marriage was dissolved when it was not, for example, if a prior divorce was not properly finalized. Even in these situations, a declaration of nullity is the appropriate legal remedy.
Incest
A marriage between close blood relatives is void from the beginning under California Family Code Section 2200. These marriages are treated as though they never existed and may be challenged at any time by either party or interested persons.
Statute of Limitations for Annulment in California
Timing is critical in California annulment cases. Unlike a divorce, which can be filed at any time after separation, annulment claims based on voidable grounds must be brought within the applicable statute of limitations. Filing late can result in your petition being denied, regardless of the underlying facts.
| Ground | Who Can File | Filing Deadline |
|---|---|---|
| Age (under 18) | Minor, parent, or guardian | Before age 18, or within 4 years after reaching 18 |
| Unsound mind | Person, relative, or conservator | No fixed limit while incapacity persists |
| Fraud | Defrauded party | 4 years from the date of discovery |
| Force or duress | Coerced party | 4 years from the date of marriage |
| Physical incapacity | Either party | 4 years from the date of marriage |
| Bigamy (void) | Either party or third parties | No statute of limitations |
| Incest (void) | Either party or third parties | No statute of limitations |
Here is a summary of the filing deadlines under California Family Code Section 2211:
If you are concerned about whether you are still within the filing window, consulting with our Orange County annulment attorney as soon as possible is essential. At Sarieh Family Law, we work quickly to evaluate your case and preserve your legal options.
How the Annulment Process Works in Orange County
Pursuing an annulment in California involves a formal legal process through the Orange County Superior Court. While the steps are similar to a divorce proceeding in some respects, there are important differences.
Pursuing an annulment in California involves a formal legal process through the Orange County Superior Court. While the steps are similar to a divorce proceeding in some respects, there are important differences.
Before filing, you need to confirm that your marriage qualifies under one of the grounds in California Family Code Section 2210, or that it is void under Sections 2200 or 2201. Our team will review the circumstances of your marriage in a confidential consultation and help you determine whether an annulment is a viable option.
You will file a Petition for Nullity of Marriage (FL-100) with the Orange County Superior Court. This form initiates the case and identifies the legal ground you are relying on. Our office assists clients in preparing complete, accurate filings that clearly set forth the facts supporting the annulment.
California law requires that your spouse be formally served with notice of the petition. This typically involves personal service by a third party, such as a process server, who delivers the paperwork and confirms service in writing.
After being served, your spouse has a set period to file a response. They may agree with the petition (an uncontested annulment) or contest it, which typically results in a hearing before the court.
Unlike many divorces, annulment cases often require the petitioning party to present evidence proving the qualifying ground. For example, in a fraud-based annulment, you may need to provide documentation or testimony showing the nature of the misrepresentation and when you discovered it. Our attorneys prepare clients thoroughly for these hearings and present evidence effectively on your behalf.
If the court agrees that the grounds for annulment have been established, it will issue a Judgment of Nullity, formally declaring the marriage void. Once this judgment is entered, you are legally free to remarry, just as if the prior marriage had never occurred.
What Happens to Property, Support, and Children After an Annulment?
One of the most common misconceptions about annulments is that they erase all legal obligations. In reality, California courts retain jurisdiction to address certain related issues even when a marriage is declared void.
Community Property
Because an annulled marriage is treated as never having existed, California’s community property rules technically do not apply. However, the court retains the authority to divide property equitably based on the specific facts of the case. Courts may consider whether the parties cohabited, commingled finances, or made joint acquisitions, and may fashion appropriate remedies.
The Putative Spouse Doctrine
California Family Code Section 2251 provides protection for parties who acted in good faith in a void or voidable marriage. If you genuinely believed your marriage was valid at the time it was entered into, you may be treated as a putative spouse, which allows the court to:
- Divide the property acquired during the cohabitation
- Award spousal support
- Protect your financial interests in a manner similar to a valid marriage
This doctrine is particularly important in cases involving bigamy, where one spouse may not have known about the other’s prior marriage. If you were the innocent party and believed in good faith that your marriage was valid, our Orange County annulment lawyer will work to protect your financial rights under the putative spouse doctrine.
Spousal Support
Spousal support is generally not available in a nullity proceeding unless the putative spouse doctrine applies. If you qualify as a putative spouse, the court may order support based on the same factors used in a divorce proceeding. Our firm can evaluate whether this doctrine applies in your specific situation.
Child Custody and Child Support
An annulment does not affect the rights or obligations of parents toward their children. Even when a marriage is declared void, California courts continue to have full jurisdiction over child custody, visitation, and child support. Children born of an annulled marriage retain all legal rights, including the right to support from both parents. Our firm handles the full scope of family law matters, and if your annulment involves children, we can address custody and support as part of the same proceeding.
Annulment vs. Divorce: Which Option Is Right for You?
Many clients come to us unsure whether they should pursue an annulment or a divorce. The right choice depends entirely on your circumstances, including whether you qualify for an annulment at all.
| Issue | Annulment (Nullity) | Divorce (Dissolution) |
|---|---|---|
| Effect on marriage | Declares marriage void; treats it as never having existed | Legally ends a valid marriage |
| Community property | Generally not divided (subject to equitable relief) | Divided equally under community property rules |
| Spousal support | Generally unavailable unless the putative spouse doctrine applies | Available based on statutory factors |
| Child support and custody | Same as divorce proceedings | Same as annulment proceedings |
| Residency requirement | None required in California | 6-month state residency; 3-month county residency |
| Waiting period | No mandatory 6-month waiting period | Minimum 6-month waiting period |
| Religious considerations | May be relevant for faith-based annulment processes | Not applicable |
| Grounds required | Must prove qualifying legal grounds | No fault required (irreconcilable differences) |
One practical advantage of annulment over divorce is that California does not impose a residency requirement for nullity actions. A divorce requires that at least one spouse have lived in California for six months and in the filing county for at least three months before filing. There is no such requirement for a nullity action, which can make annulment a faster option in some circumstances.
Many clients come to us unsure whether they should pursue an annulment or a divorce. The right choice depends entirely on your circumstances, including whether you qualify for an annulment at all.
Can You Marry Again After an Annulment?
Yes. Once a Judgment of Nullity is entered by the court, you are free to remarry. Because the annulment legally declares that the prior marriage never existed, there is no legal impediment to entering a new marriage.
For individuals with religious concerns, a civil annulment through the California court system is separate from any religious annulment process. Obtaining a civil annulment does not automatically grant a religious annulment, and vice versa. If this distinction matters to you, we encourage you to discuss it both with our team and with your religious advisor.
Why Work With a Certified Family Law Specialist in Orange County?
Annulment cases require a thorough understanding of California Family Code provisions, evidentiary requirements, and the specific procedures of the Orange County Superior Court. Not every family law attorney has experience with nullity proceedings, which are litigated less frequently than divorces.
At Sarieh Family Law, founding attorney Wail Sarieh is a Certified Family Law Specialist, a designation granted by the State Bar of California to attorneys who have demonstrated exceptional expertise in family law. This certification requires passing a rigorous written examination, completing ongoing education requirements, and obtaining peer references from other attorneys and judges.
With over 20 years of experience practicing family law in Orange County, Attorney Sarieh and our team have guided clients through complex nullity proceedings involving fraud, bigamy, putative spouse claims, and contested hearings. We represent clients throughout Costa Mesa and across Orange County.
Our approach is compassionate and educational. We understand that clients coming to us for an annulment are often dealing with feelings of betrayal, confusion, or loss. We work to ensure you fully understand your legal options, your rights, and what to expect at every stage of the process.
Contact Our Orange County Annulment Attorney Today
If you believe your marriage may qualify for an annulment, or if you want to understand your full range of legal options, we encourage you to reach out to Sarieh Family Law. Attorney Wail Sarieh and our team are here to answer your questions, protect your rights, and guide you through every step of the legal process.
We serve clients throughout Orange County, including Costa Mesa. Call us today to schedule your free in-depth case evaluation, or reach us by email at wsarieh@sariehlaw.com.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. The outcome of any legal matter depends on the specific facts and circumstances of each case. Past results do not guarantee future outcomes. Contact Sarieh Family Law for advice about your individual situation.
Recent Case Results
-
Our client in this case was the mother of the only child of marriage. Our child custody law firm took the case that started in 2009 with the mother filing a Petition for custody and support of a child against the father where the parties reached a stipulation and order awarding the mother sole legal and sole physical custody. Later on the mother filed a divorce case and since the father failed to respond, the mother entered his default in 2010. The divorce case was consolidated with the paternity case.
In early 2012, the mother and without notifying the father moved to another State. The father filed a police report and hired a very aggressive Orange County Family Law attorney who filed an emergency motion with the court (ex parte application) and obtained custody for the father and appointed a child custody investigator.
The mother was arrested on a DUI despite the fact that her car was parked and she was not driving; the police justified the DUI charge as they found an open container in the car.
The child custody investigation report, based on the mother’s DUI conviction and the fact that she moved away without notifying the father, came to the conclusion that the mother should only have supervised visitation with the child and that father should have sole legal and sole physical custody of the minor child.
The matter was further complicated by the mother agreeing to “bifurcate” the trial on the custody and visitation issues and the trial was set for the second half of 2013.
The mother decided to retain Sarieh Family Law to help her litigate the child custody during the bifurcated trial.
Mr. Sarieh, an Orange County Certified Family Law Specialist challenged the entire proceedings from 2010 to 2013. Mr. Sarieh argued that every document filed including but not limited to the child investigation report and every court order rendered after the entry of default in 2010 is null and void.
Our firm was very proud of the results and very proud of our judicial officers. The judge agreed with Mr. Sarieh that the court has no jurisdiction since the default was entered in 2010. The trial by default was set in month and our client obtained a dissolution judgment awarding her sole legal and sole physical custody of the minor child.
-
Our client in this case was the father of two children; the parties were not married but cohabited together for over a decade. Throughout their cohabitation both parties worked hard to support their children; the parties lived in an upper-middle class life style during their cohabitation. Shortly after their separation, the mother claimed disability due to Reactive Airway Disease (RAD) she quit her job as mortgage broker, collected State Disability checks and filed Worker’s Compensation claim alleging her disability resulted from the poor air quality at her office.
Mr. Sarieh, an Orange County Certified Family Law Attorney, filed with the court a request to vocationally evaluate the mother. Unfortunately the vocational evaluation report concluded that the mother is employable but her employability depended on her health condition, which was beyond the vocational evaluator expertise.
In a trial that spanned over the period of months, Mr. Sarieh was able to successfully cross-examine Petitioner’s primary care physician who came to testify on her behalf. The physician admitted that his patient; the mother is able to work under certain conditions.
Mr. Sarieh subpoenaed all medical reports from the Worker’s Compensation case and was able to establish the mother’s ability to work. The Court agreed with Mr. Sarieh and stated that the mother has the obligation to support the children; the court imputed income to the mother and the child support was calculated according to the mother’s imputed income even though she was still not working at the time of trial.
-
Our client in this case was the husband, who with the wife’s agreement entered into a stipulated judgment awarding the family residence to the wife; neither party was represented and they entered the judgment with the assistance of a paralegal in Orange County. The parties were married for long time and have adult children from their marriage.
The untold story was despite the written judgment; the parties had verbally agreed that once the house is sold the wife will give the husband his fair share of the proceeds.
Of course, wife sold the house and refused to pay husband any monies. The husband sought the assistance of Sarieh Family Law; Orange County Divorce attorneys.
We began our investigation by examining the judgment, which stated unequivocally that wife gets the house. We were also faced with the legal hurdle that it is almost impossible to set aside a judgment in California if the judgment only dealt with property division and without fraud, duress or undue influence.
We noticed on the Resister of Action on the Court’s website that the initial submission of judgment was rejected by the court and that the judgment was returned. The judgment was re-submitted again and the court accepted it. We asked our client whether he knew anything about the rejection of the judgment and he indicated that he knew nothing about this rejection.
We asked for a copy of the entire file from the court itself and we did not rely only on what our client gave us. We set the wife’s deposition at our office.
We received the ordered copy of the court’s file on the morning of the wife’s scheduled deposition at our office. After a careful examination of the court’s file with our client, we found out the signature on our client’s Declaration re: Service of Declaration of Disclosure was not his.
We confronted the wife during her deposition about the falsified document but she denied any involvement and blamed the paralegal. She acknowledged that the document was not signed by our client.
We subpoenaed the paralegal to the court’s hearing to prove the wife’s fraud and we retained a handwriting expert to prove that our client’s signature was falsified by the wife herself and no one else.
Right before we entered the court room to try our case, the wife’s attorney approached us with a settlement offer giving our client what he was promised. Our client accepted the offer for the sake of the parties’ adult children.