Annulment vs Divorce California

Marriage is a significant legal commitment between two partners. unfortunately, not all unions last. If you decide to dissolve your marital union, there are two legal pathways. California allows you to file for an annulment or divorce. While both options lead toward the end of a marriage, they differ in terms of legal grounds, timelines, and implications.

Understanding the critical distinctions between these options is crucial for making a decision that suits your situation the best. Let’s explore the fundamental difference between annulment and divorce in California.

Defining Annulment vs Divorce California

Annulment and divorce are two types of legal processes that end a marriage. What is the difference between an annulment and a divorce in California?

An annulment, also known as ‘nullity of marriage’, is a legal process that declares the marriage voidable. It proclaims a marriage as having never been valid and erases it from a legal standpoint as having never existed.

How long does an annulment take in California? Compared to divorce, marriage annulment is different and you don’t have to wait for six months to regain your single status. Your marriage will be annulled once the court finalizes your case, which may take longer than six months.

A divorce or ‘dissolution of marriage’ is a process that legally terminates a marriage. It acknowledges the marriage was valid, but now the marital union is dissolved. Filing for divorce means you want to dissolve your union.

The state of California has different rules and grounds when it comes to annulment and divorce, which we will discuss below. Contacting the best California family law attorney will help you successfully navigate the legal framework in the state.

Grounds for annulment – When can you get an annulment in California?

1. Incest or bigamy – The court can grant an annulment if the spouses are close-blood relatives. The same applies if one of the spouses was already legally married to someone else at the time of the marriage. 
2. Underage marriage without parental consent – If one or both spouses were under the age of 18 when they entered the marriage, the union can be dissolved. The same applies if they don’t have parental consent or court approval. 
3. Fraud or misrepresentation – If one spouse was misled or deceived into the marriage, the court might grant an annulment. In such a case, the deceived spouse must file for annulment within four years of discovering the deception.
4. Unsound mind or mental capacity – The court may also annul a marriage if one of the spouses was mentally incapacitated or unable to understand the nature of the marriage when it took place. An annulment for an unsound mind can be filed as long as the condition persists. 
5. Physical incapacity – If one of the spouses has physical incapacity to maintain the relationship, the marriage can be annulled. This includes not being able to consummate the marriage.
6. Force or coercion – If one of the spouses was coerced, threatened, or forced into the marriage by the other spouse or their family, the union could be annulled. Such marriage is eligible for annulment within four years of the time of the marriage. 

Grounds for divorce

California is a no-fault divorce state, so you don’t have to prove any fault or wrongdoing to obtain a divorce. The most common grounds for divorce in this state are ‘irreconcilable differences’, which have led to a marriage breakdown.

Such an approach simplifies the overall legal procedure by eliminating the need to prove fault. It acknowledges the marriage was broken beyond repair and allows you as a couple to dissolve your union with less conflict and contempt.

Another option is to file for a divorce in the Golden State based on ‘incurable insanity’. However, this ground requires providing proof (psychiatric testimony) that the spouse lacks the legal capacity to make decisions.

Difference Between Annulment and Divorce in California in Terms of Legal Processes

Annulment process

Unlike divorce and separation, you need to provide evidence to prove the invalidity of the marriage and apply to the court within a specific time limit. 

1. File a petition for annulment – Start your annulment process by filing two forms – a Marriage/Domestic Partnership and Summons with the family court in the county where either of you reside. If you have children, you will also need to complete the FL-105 form. 
2. Serving the other party – The next step is to serve the petition to your spouse and notify them about the proceedings that are about to take place. The serving party can be a process server or a law enforcement officer who must file a Proof of Service of Summons with the court.
3. Court hearings and presenting evidence – After filing the petition, the court will schedule court hearings where you can present evidence of why the marriage should be annulled. As a petitioner, you must provide evidence like testimonies and documents to support the grounds for annulment. 
4. Court’s decision and issuance of annulment decree – After reviewing the evidence and hearing your testimonies, the court will decide whether your marriage meets annulment criteria. If granted, the court will issue an annulment decree and officially declare the marriage null or void.

Divorce process

1. Filing a petition for divorce – To get a divorce, you need to file the Petition for Dissolution of Marriage with the family court. As a petitioner, you must also complete the summons and possibly forms like UCCJEA, property declaration, and parenting plan application attachment. 
2. Serving the other party – After completing the necessary documents, you need to serve them to your spouse. 
3. Responding to the petition – Your spouse has 30 days to respond. They can file a ‘Response for Dissolution of Marriage’ and agree to or contest the issues you outlined in the petition. If they don’t respond, you can request to default the respondent.
4. Disclosure of financial information – When divorcing, both you and your spouse are required to exchange financial disclosure forms detailing assets, income, expenses, and debts. The information you provide is crucial for a fair distribution of property and determination of spousal support. If respondent defaults, only the Petitioner will follow this process.
5. Negotiating settlements – If you cannot agree on crucial divorce terms, you may engage in mediation or settlement negotiations. Doing so enables you to resolve issues before going into trial. If you reach an agreement, you can submit it to the court for approval.
6. Court hearings and final judgment – If you cannot agree on vital matters, your case will proceed to court hearings. The judge will then make decisions and issue orders to include in the final judgment.

Implications and Consequences

Legal status

After annulment

An annulment renders a marriage to be null or void. Once finalized, you return to your single status as if the marriage has never existed. An annulment can have legal and social implications, like the ability to remarry without legal complications. 

After divorce

Compared to annulment, divorce legally ends the marriage. After the divorce is finalized, you both return to your single status. The divorce decree states the existence of the marriage and its termination. It affects aspects such as eligibility for alimony or division of retirement benefits accumulated during the marriage.

Impact on property division

Annulment

Since the marriage is considered void, the division of property for annulment differs from that for divorce. An annulment generally returns the parties to their original financial state.

Each party typically retains the assets and debts they had before the marriage. If the married couple has acquired property during marriage, they may wish the judge to divide the property. In California, a judge can only do so if one of the spouses contests the nullity.

Divorce

California property laws apply to a divorce. The property or debt acquired during the marriage is considered community property and is divided equally between both spouses. Separate property, obtained before the marriage or through inheritance or gifts, is not divided and remains with the original owner.

Impact on spousal support

Annulment

Spouses who get marriage annulment typically cannot request alimony, as the marriage is considered void. The court can make an exception if one spouse has the putative spouse status. If the married couple has a child during the marriage and lives together, the law typically assumes the husband is the child’s father. 

In annulment, the existence of the marriage is erased. The former spouses may need to establish parentage so the judge can make orders regarding child custody and support. Even in the case of annulment, the court addresses issues based on the child’s best interests. 

Divorce

In divorce, the court awards spousal support based on various factors, including marriage length, each party’s financial needs and abilities, and the standard of living established during the marriage. The goal is a fair outcome for everyone involved. 

Impact on children

For both annulment and divorce, the legal considerations regarding children are the same. The California courts prioritize the child’s best interests in determining custody and support arrangements.

The court establishes a custody arrangement by considering factors such as each parent’s ability to provide care, the child’s relationship with each parent, and their needs and depending on age and maturity level, the child’s preferences.

The court can make child support orders, regardless of whether the marriage ends in annulment or divorce. They utilize the standard formula to calculate child support, considering factors like parents’ income and the time the child spends with each parent. 

Conclusion

Navigating the process of ending a marriage encompasses understanding two legal processes – annulment vs divorce in California. Understanding these legal pathways and their implications may help you make informed decisions about how to proceed, ensuring their rights and interests are addressed during this significant life transition.