How to File an Annulment in California

Unlike divorce, there is no mandatory length of time for residency if you wish to file for an annulment in California. However, in order to begin an annulment case, you must complete the same forms as with a divorce or legal separation.

It is imperative to check the correct boxes that apply to annulments (nullity). Proving the reason for the invalidity of the marriage or domestic partnership can potentially be quite challenging, so you must be absolutely clear about the requirements to obtain the outcome you desire.

The following are the steps on how to file an annulment in California:

  • Fill out the required court forms
    • Petition (Marriage/Domestic Partnership – Form FL-100) – On this form, you must provide some basic information about your marriage or domestic partnership and the grounds for your annulment request. Detail the orders you want the court to establish.
    • Summons (Family Law – Form FL-110) – This form has important information for you and your spouse or domestic partner regarding the court proceedings. In addition, it contains some standard restraining orders limiting how your children, property, money, and other assets or debts are handled during the annulment process.
    • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105/GC-120) – If you have children under 18 years of age with your spouse or domestic partner, you must also complete this form. Keep in mind, you will have to ask the court to establish parentage/paternity of the kids.
  • Write a declaration which explains why the court should grant you an annulment
    • Declaration (Form MC-030) & Attached Declaration (Form MC-031) – Clearly explain the legal reason for asking an annulment.
  • Review your forms
    • Whether you seek the legal assistance of a lawyer or your court’s family law facilitator, ask them to review your paperwork to ensure that it is completed properly.
  • If required, fill out local forms
    • There are some courts that will ask you to complete local forms. To ask about these forms, contact your court clerk’s office or check your court’s website.
  • Make two copies of all your forms
    • One copy you will keep, while the other copy will be given to your spouse or domestic partner. The original is given to the court.
  • File your forms with the court clerk
    • Turn in the original forms and copies to the court clerk. If no obvious errors are present, the clerk will keep the original of each form and return the copies to you with the word “Filed” stamped on them.

Get Experienced Help from Our Westlake Village Family Law Attorney

Since annulment process can be complex and meticulous, the Law Offices of Jeffrey S. Graff is capable of guiding you through every step of the way to get the results you want. Our family law attorney possesses the extensive knowledge of California family laws and court proceedings to help you navigate through the potential complications of your case.

Contact our firm and request a free case evaluation today.

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