How to File for an Annulment of Marriage in CA

Annulment is a legal procedure for declaring a marriage null and void; once granted it is as if the marriage never existed. To obtain an annulment, the marriage must have been void or voidable due to any of the following circumstances under which it occurred:
- ****: Marriage between relatives.
- Bigamy: The state of being married to more than one person at a time.
- Minority: One of the spouses was a minor at the time of the marriage.
- Unsound Mind: Means that one spouse was unable to understand the nature of the marriage contract, and his/her obligations and responsibilities as a legal spouse.
- Fraud: One of the spouses convinces the other to marry by fraud – defined as; intentional deception made for personal gain or to damage another individual.
- Force: Consent to marriage was obtained by force, or threat of force.
- Physical Incapacity: If one of the spouses was physically incapable of entering into the marriage, meaning he or she is incapable of copulation.
Here is how to obtain an annulment in California.

Difficulty: Challenging

Instructions

Things You'll Need:

• Pertinent Forms
• Divorce Attorney

1. Obtain and fill out the necessary forms that are to be filed with the court involved in your case. The two required forms are: Petition for Dissolution of Marriage (Form FL-100) and Summons (Form FL-110) which informs your spouse that the divorce proceedings have commenced. If you have children an additional form is required; Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105/GC-120). If you and your spouse own property together or have community debt the Property Declaration (Form FL-160) also needs to be filled out and filed with the appropriate court.

2. Make 3 copies of all the forms you plan to file.
   
   File your forms with the court clerk and pay the required filing fees. If you can't afford to pay the fees, you can request a fee waiver by filling out the Request to Waive Court Fees (Form FW-001).

3. Prepare the appropriate forms to serve on your spouse. The forms include: FL-100 and 110, FL-105/GC-120 and FL-160 if appropriate. At this point an additional form, the Response-Marriage (Form FL-120) is required. This form is to be filled out by your spouse once he/she is served. A friend, relative or a process server can serve the papers on your souse as long as they are at least 18 years old and not involved in your case. Once the papers are served, the server must fill out a Proof of Service of Summons (Form FL-115) stating when and where the papers were received by your spouse. This form is to be filed at the court clerk's office as well.

4. Next complete your Preliminary Declaration of Disclosure (Form FL-140), Income and Expense Declaration (Form FL-150) and Schedule of Assets and Debts (form FL-142). These forms will inform your spouse of your income, debt and expenses. He/or she is required to provide you with the same forms, detailing their own information.

5. The same forms (with any applicable updates) are considered the Final Disclosure. This disclosure is more detailed than the preliminary, but is not required. If both you and your spouse want to waive your final Declaration of Disclosure, you can use the Stipulation and Waiver of Final Declaration of Disclosure (Form FL-144) to do so.

6. At this point in the game, the final forms you will need to file with the court and obtain an annulment depend on your particular situation. For example: whether or not your spouse filed a Response to your Petition, or you and your spouse reached a settlement Agreement. Your attorney will provide guidance in such situations.

7. In conclusion please be aware that an annulment is not as common as divorce. It’s best to consult with a divorce lawyer who will help you fill out and file the correct forms, and ultimately obtain an annulment.
   
   DISCLAIMER: The information contained herein is not legal advice -- the application of law to an individual's specific circumstances – and is widely publicly available.

Resources

• California Courts Self-Help Center

[amysmarts]

on 11/14/2009 Great article on How to File for an Annulment of Marriage in CA. Great advice and great tips. Thanks. 5*