Marriage Annulment: What It Is and How It Differs From Divorce
A marriage annulment is a court order stating that a marriage is not legally valid. The marriage is treated as if it never legally happened because something was legally wrong from the start.
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How an annulment differs from divorce
The California Courts Self-Help Guide, used here as one example, lists these differences:
- Property and support: A judge cannot always divide property and debts or order spousal support. This is possible only for a putative spouse, meaning someone who honestly believed the marriage was legal.
- Waiting periods: There is no 6-month residency or waiting period for an annulment. You only need to live in California when you file.
- Children: Custody, visitation and support orders are still available, though you may first need to establish parentage.
Grounds for annulment
A judge can annul a marriage only for a specific legal reason. California lists at least eight, including that one spouse was already married to someone else, that a spouse was under 18 when the marriage was not legal, or that a spouse was tricked into agreeing to marry. A short marriage is not a valid ground, and both spouses agreeing is not enough.
Records
An annulment is a court case, so the judgment comes from the court that handled it. Other states set their own grounds and procedures, so check with that state's court or a family law attorney.
Frequently asked questions
Is an annulment the same as a divorce?
No. A divorce ends a valid marriage. An annulment declares that the marriage was not legally valid.
Can I get an annulment because the marriage was short?
Not on that basis alone. California says a short marriage is not a valid ground.
Where do I get annulment papers?
From the court that issued the judgment. Contact its clerk, who can explain how to order copies.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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