California Petition for Annulment (Nullity) of Marriage

PETITION FOR ANNULMENT (NULLITY) OF MARRIAGE

Before filing: Use this petition only when the facts support a California nullity ground. Select the ground and state the facts that establish it. California Family Code §§ 2200 and 2210 distinguish void and voidable marriages, and § 2211 supplies ground-specific filing periods. The current bulk code also says § 2211 remains in effect only until January 1, 2027; verify the operative text and current Judicial Council forms, filing instructions, service requirements, and local court rules before filing.

Petitioner alleges:

Parties and marriage

1. Petitioner is [FULL LEGAL NAME]. Petitioner’s address for court notices is [ADDRESS]. Respondent is [FULL LEGAL NAME]. Respondent’s address or last known address is [ADDRESS].
2. The parties participated in a marriage ceremony on [DATE] at [PLACE]. The marriage certificate or other record is [IDENTIFY RECORD OR ATTACHMENT].
3. Petitioner is living in California when this petition is filed. The facts showing California residence are [STATE FACTS]. Petitioner understands that the California Courts’ current nullity guidance states that the six-month California and three-month county divorce residence periods do not apply to starting a nullity case, but the petitioner must live in California when filing.
4. This Court is the proper court because [STATE FACTS SUPPORTING COUNTY FILING, INCLUDING RESPONDENT’S RESIDENCE OR OTHER BASIS]. Any other case involving this marriage or the parties’ marital status is [COURT, CASE NUMBER, STATUS / NONE KNOWN].

Ground for nullity

5. Petitioner selects the ground that applies:

• ☐ Void marriage — incest: The parties’ relationship was [DESCRIBE RELATIONSHIP AND SUPPORTING FACTS].
• ☐ Void marriage — bigamy: At the time of the ceremony, [NAME] was already married to [FORMER SPOUSE]. The prior marriage and its status are [STATE FACTS AND IDENTIFY RECORDS].
• ☐ Voidable marriage — underage: [NAME] was under 18 at the time of the ceremony. The relevant dates, permission, and facts are [STATE FACTS].
• ☐ Voidable marriage — unsound mind: At the ceremony, [NAME] did not understand the nature of the marriage or its duties. The supporting facts are [STATE FACTS].
• ☐ Voidable marriage — fraud: [NAME] made or concealed a material representation about [SUBJECT] to obtain consent to the marriage. The representation, when discovered, and why it went to the heart of the marriage are [STATE FACTS].
• ☐ Voidable marriage — force: [NAME] consented because of [DESCRIBE FORCE]. The facts showing the effect on consent are [STATE FACTS].
• ☐ Voidable marriage — physical incapacity: [NAME] was physically incapable of consummating the marriage, the incapacity continued, and it cannot be cured. The supporting facts are [STATE FACTS].
• ☐ Another ground recognized by California law: [STATE THE GROUND AND CITE CURRENT AUTHORITY BEFORE FILING].

6. The facts supporting the selected ground are [STATE FACTS IN CHRONOLOGICAL ORDER]. Petitioner asks the Court to decide whether those facts make the marriage void or voidable under the applicable California law.
7. If a time limit applies to the selected ground, the event that starts the period was [DATE AND EVENT]. Petitioner filed within the applicable period because [STATE FACTS]. If the deadline or its application is disputed, Petitioner will state the controlling authority and facts before filing.

Children, property, debts, and support

8. The parties have [NO COMMON CHILDREN / THE FOLLOWING CHILDREN: NAMES AND DATES OF BIRTH]. If parentage, custody, parenting time, or child support is requested, the facts and requested orders are [STATE FACTS AND ORDERS]. California Courts states that a court may make child orders after parentage is established; this petition does not assume parentage or a custody result.
9. The parties’ property and debts are [NONE / DESCRIBE]. Petitioner requests [NO PROPERTY OR SUPPORT RELIEF / THE FOLLOWING RELIEF]. Petitioner understands that annulment may affect property division and spousal support and asks for those orders only if the selected facts and current law support them, including any putative-spouse issue.

Service and requested relief

10. Respondent may be served at [SERVICE ADDRESS]. Petitioner requests issuance and service of process under the current California rules and local court instructions. If an alternative method is needed, Petitioner will request it separately on facts and authority presented to the Court.

Petitioner requests that the Court:

1. Determine whether the parties’ marriage is void or voidable on the selected ground;
2. Enter a judgment of nullity if the evidence and law support that judgment;
3. Enter only the child, property, debt, or support orders supported by the pleaded facts and applicable law; and
4. Grant any other relief the Court may lawfully grant.

Respectfully submitted,

Signature: [________________________________] Date: [__/__/____]

Printed name: [________________________________]

Address for court notices: [________________________________]

Telephone: [________________] Email: [________________]

Attorney bar number, if represented: [________________]

Verification

I, [PETITIONER NAME], declare under penalty of perjury that I have read this petition and that the factual allegations are true and correct to the best of my knowledge and belief.

Executed on [DATE] at [CITY], California.

Petitioner signature: [________________________________]

Sources and references

• California Courts Self-Help Guide: Annulment
• California Courts Self-Help Guide: Legal reasons a judge can annul your marriage
• California Courts forms page — confirm the current official forms and instructions before filing.