California Marriage Annulments: Can I annul my marriage?

Many people believe they can get an annulment if they have only been married a short amount of time. In most states, you must have grounds for the annulment (now called Nullity of Marriage) and the length of marriage is of no importance.

A nullity differs from a dissolution (divorce) because it erases the marriage as if it never occurred. Each state varies on the grounds for nullity, but the basic grounds are:

• Fraud

Fraud occurs when there is something about the person you married that you did not know at the time of the marriage, and you never would have married the person if you had known.  For example, you married and after the marriage you found out that the person never wanted children. That is “fraud” that goes to the heart of the marriage.

• Prior Existing Marriage

If one of the parties to the marriage had been married previously and that marriage has not been dissolved, that is a basis for nullity.

• Underage

• Unsound Mind

• Force

 The most common grounds for a nullity are fraud and prior existing marriage.

Each state has time limits of which you can file for the nullity after becoming aware of the grounds. You should consult with an experienced family law attorney to determine if you have grounds for a nullity of your marriage.