An annulment is a much simpler—and cheaper—way to end a marriage than a traditional divorce. However, an annulment will not work in every situation, as certain conditions must apply.
An annulment is when the court decides your marriage or domestic partnership is not legally valid. After obtaining an annulment, it’s like your marriage never happened because it was never technically legal. Certain marriages are never legally valid—such as a marriage between two close blood relatives or a marriage to someone who is already married to someone else—but others can be declared legally invalid for other reasons.
These reasons include:
- Fraud or coercion: A marriage can be annulled if one spouse withheld vital information from the other that directly affected the decision to get married. Getting married to obtain a green card or hiding the fact that you are unable to have children both count as examples of fraud that could open up the possibility of an annulment. This could also mean hiding important information from the future spouse, such as drug addiction or an alternate identity. An annulment is also an option if either party was forced to consent to the marriage or domestic partnership. Keep in mind that if you seek an annulment because the marriage began by force, you must file for the annulment within 4 years of the start of the marriage or domestic partnership.
- Temporary insanity: An annulment is possible if either party can prove he or she was of unsound mind (i.e. unable to understand the nature of the marriage or domestic partnership and the commitment that comes with it) at the time the marriage or domestic partnership began.
- Inability or refusal to consummate the marriage: An annulment could be granted if one spouse is unable to consummate the marriage or is unwilling to do so. If you seek an annulment because of physical incapacity to consummate the marriage, keep in mind that you must file for annulment within 4 years of getting married (or registering the domestic partnership).
In the state of California, eligibility for an annulment does not depend on how long you have been married or in a domestic partnership. In other words, even if you have only been married for a few days, you must have a legitimate legal reason for the annulment. Since an annulment is different from a divorce, it is not enough to cite “irreconcilable differences” as the reason for ending the marriage or partnership—you must have one of the approved reasons for seeking an annulment.
If the couple belongs to a church, it is also possible to seek a religious annulment. For example, Catholic individuals can seek an annulment from the diocesan tribunal. However, it is important to note that this does not have the legal effect of an annulment or a divorce; the church may no longer recognize the marriage as having occurred, but the couple is still married in the eyes of the law until divorce or annulment papers are filed.