How to Annul a Marriage in California

In California, annulment is a legal procedure that declares a marriage null and void. Annulment differs from divorce, as a divorce terminates a valid marriage while an annulment declares that the marriage was invalid from the beginning. Here are the steps to annul a marriage in California:

1. Determine if you meet the requirements for an annulment: California law provides several grounds for annulment, including:

- One or both parties were under the age of 18 at the time of marriage and did not obtain parental consent or a court order. - One or both parties were already married or in a registered domestic partnership at the time of the marriage. - The marriage was the result of fraud, such as one party lying about their identity or intentions to get married. - One or both parties were under the influence of drugs or alcohol at the time of the marriage. - One or both parties lacked the mental capacity to understand the nature of the marriage.

2. File the necessary paperwork: To start the annulment process, you need to file a petition for nullity of marriage with the court in the county where you or your spouse lives. You will need to fill out the petition, which requires specific information about you, your spouse, and the reasons for the annulment.

3. Serve your spouse: You must serve your spouse with a copy of the petition and a summons. You can use a process server, the sheriff's department, or a friend or relative over 18 who is not involved in the case to serve your spouse.

4. Wait for a response: Your spouse will have 30 days to respond to the petition after they are served. If your spouse contests the annulment, the case will go to trial.

5. Attend court hearings: You may need to attend court hearings to present evidence and testify about the grounds for the annulment. If the judge agrees that the marriage was invalid, they will issue a judgment of nullity.

6. Finalize the annulment: Once the judgment of nullity is issued, the marriage is considered null and void from the beginning. You will need to file the judgment with the court, and it will be entered into public record.

Note that annulment can be a complex legal process, and it may be helpful to consult with an attorney who specializes in family law to guide you through the process.