What Is the Statute of Limitations for Getting an Annulment?


Annulment in California: Is There a Time Limit?

An annulment is different from a Pasadena divorce because being granted an annulment means that your marriage never took place. If you're granted an annulment, the court is saying that your marriage did not meet the qualifications to be legally recognized.

If you want to request an annulment, you must pay attention to California's statute of limitations. The amount of time you have to get your marriage annulled depends upon your reason for asking for an annulment. The reason you want to have your marriage annulled also affects who is eligible to file the necessary paperwork to take care of the annulment process.

  • If you are asking for an annulment based on fraud or force, there is a four year statute of limitations. The person asking for the annulment has to be the spouse who was victimized.
  • An annulment based on a physical incapacity that prevents the consummation of the relationship also has a four year deadline. However, in this scenario, the spouse of the person who is unable to consummate the relationship needs to be the one to ask for the annulment.
  • If you were underage at the time of your marriage, you have four years from your 18th birthday to ask for an annulment. Your parent or legal guardian can ask for an annulment on your behalf until you turn 18.
  • There is no statute of limitations if the marriage should be annulled because of a prior marriage or existing domestic partnership, as long as both spouses are alive. Either spouse can file papers requesting the annulment. The prior existing partner or spouse can also ask to have the marriage annulled, since he or she is the reason why the marriage is invalid.
  • If the annulment is based on the claim that one spouse is of unsound mind and not fit to consent to the marriage, the annulment can be filed at any time before the death of either spouse. A relative or conservator of the party who is of unsound mind can file the annulment request on behalf of the person who is unable to consent to the marriage.

How Can We Help?

Please call our office at (626) 683-8113 or contact us online if you need legal assistance regarding the annulment process. Our matrimonial law firm in Pasadena is staffed with experienced attorneys who are eager to advocate for your best interests throughout the process of ending your marriage.