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Annulment Attorney
San Jose, California
California law sets a demanding standard for annulment. James Chau can help you determine whether your situation qualifies.
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Incest
A marriage between close blood relatives is void under California law and may be challenged at any time.
Bigamy
A marriage in which one spouse was already legally married or in a registered domestic partnership at the time of the wedding is void and may be challenged at any time.
Age
If a spouse was under 18 at the time of the marriage and did not have court permission to marry, an annulment may be sought within four years of that spouse's 18th birthday.
Unlike a divorce, which ends a legally valid marriage, an annulment is a court determination that the marriage was never legally valid in the first place. In California, annulments are formally referred to as a nullity of marriage or nullity of domestic partnership.
Because the legal standard is demanding, annulments are not easy to obtain. Even if both spouses agree that they want an annulment, agreement alone is not enough. The petitioner must prove to the court that a specific legal ground exists. If that burden is not met, the court will not grant the annulment.
Situations that may justify an annulment include marriages entered into because of fraud, marriages involving an undisclosed existing spouse, or marriages where one party lacked the legal capacity to consent. Every situation is different, and eligibility depends on the specific facts.
California Law
Grounds for Annulment in California
California law recognizes eight grounds on which a court may find a marriage legally invalid and grant an annulment. Each ground has its own evidentiary requirements and, in some cases, a time limit within which the petition must be filed.
Fraud
If one spouse was deceived into the marriage through misrepresentation or concealment of information material to the decision to marry, an annulment may be sought within four years of discovering the fraud. Not every lie qualifies. The misrepresentation must relate to something fundamental to the marriage itself.
Unsound mind
A person who lacked the mental capacity to enter into a legal agreement at the time of the marriage may seek an annulment. This ground requires evidence of a serious mental condition that affected the ability to consent.
Physical incapacity
If a spouse was physically unable to consummate the marriage through sexual relations and the condition cannot be remedied, an annulment may be sought within four years of the wedding date.
Prior spouse believed dead
If a former spouse had been absent for five or more years and was reasonably believed to be dead at the time of a subsequent marriage, that subsequent marriage may be subject to annulment if the former spouse is later found to be alive.
Force
If a spouse was coerced into the marriage against their will, an annulment may be sought within four years of the marriage.
Legal Consequences
What Annulment Means Legally
Because an annulment establishes that no legally valid marriage existed, the legal consequences differ significantly from divorce.
There is generally no division of marital property following an annulment. California community property law applies to legally valid marriages, and since an annulment establishes that no valid marriage took place, those property division rules do not apply in the same way. Courts may still resolve property disputes under equitable principles in appropriate cases, particularly where the putative spouse doctrine applies.
Spousal support is generally not available following an annulment. However, California does provide a limited exception for putative spouses, meaning individuals who believed in good faith that their marriage was valid. A putative spouse may have certain property and support rights even if the marriage is annulled.
If the parties have children together, the court can still address custody, parenting time, and child support. Because an annulment establishes that no legally valid marriage existed, paternity must be legally established before those issues are resolved.
The six-month state residency requirement and the six-month waiting period that apply to divorce in California are both waived for annulment proceedings. This means that, when the legal grounds can be established, an annulment may be resolved more quickly than a divorce.
Approach
Why Annulment Cases Require Legal Representation
Each of the eight grounds for annulment requires specific evidence. Unlike a divorce, where California's no-fault standard means no proof of wrongdoing is required, an annulment demands that the petitioner meet a defined legal burden in court.
James will evaluate the facts of your case, explain whether California law recognizes a valid ground for annulment, and help you determine whether annulment, divorce, or legal separation is the most appropriate course of action.
Speak Directly with James Chau
Schedule a free 20-minute consultation. No obligation. You will speak with James, not a staff member.
Why Clients Choose James Chau
Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
More than 15 years serving San Jose and Santa Clara County as a family law attorney
Direct communication with James throughout your case
Experience with contested family law proceedings in Santa Clara County Superior Court
Straightforward guidance on whether your circumstances satisfy California's legal requirements for annulment
Serves English, Mandarin, and Vietnamese speaking clients upon request
Frequently asked questions
Contact the Law Office of James Chau
The Law Office of James Chau, P.C. represents clients in San Jose and throughout Santa Clara County. If you are ready to speak directly with a San Jose family law attorney, contact us online or call (408) 899-8364.