An annulment is very different from a divorce.

• A divorce ends a marriage that was legally valid.

• An annulment is a court order declaring that the marriage was never legally valid to begin with.

Not all marriages qualify for annulment. California law allows annulments only in specific, limited circumstances, and strong proof is required.

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When an Annulment Is Required

Some marriages are prohibited by law and must be annulled because they can never be valid:

• Incest

• Bigamy

These marriages cannot be “fixed” or validated, no matter how long the couple stays together.

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When an Annulment May Be Possible

Other situations may qualify for annulment, depending on the facts and on how the couple acted after the marriage ceremony:

• One spouse was underage at the time of marriage

• One spouse could not consent due to a mental condition

• One spouse was forced, coerced, or fraudulently tricked into marrying

• The marriage was entered into solely for immigration purposes

• A spouse was too intoxicated to consent, or serious facts were hidden (e.g., sterility, impotence)

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Important Note:

Many of these grounds can be “cured” if the couple continues to live together and hold themselves out as married. For example:

• A spouse who was underage may “validate” the marriage by staying in it after turning 18.

• Marriages entered under deception or temporary incapacity can be validated if the couple remains together after the issue is discovered.

• Even an alleged sham marriage may be treated as valid if the couple later functions as a real married couple.

Because of this, timing and behavior after the marriage ceremony matter greatly.

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Why Courts Often Prefer Divorce Over Annulment

Courts grant annulments only when the legal requirements are met and each element is proven.
Annulments require:

• Specific legal grounds

• Evidence such as medical documentation, witness testimony, or proof of fraud

By contrast, a no-fault divorce requires no proof of wrongdoing at all. For this reason, courts often prefer to grant a standard divorce when possible.