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You might be wondering if annulment is an option if you think your marriage should never have happened. If so, how do you start? A kind and knowledgeable San Diego annulment lawyer can help you through this challenging legal process. An annulment says that your marriage was never legally valid to begin with, while a divorce ends a legally valid marriage.
At Garwood Reeves, we help people in San Diego understand their rights and navigate California’s complex annulment laws with clarity, confidence, and care. Our legal team is here to help you if you want to end your marriage.
Understanding Annulment in San Diego, California
California has its own set of laws that govern the annulment process. In San Diego County, annulments can only be granted for specific legal reasons, and they can be more difficult to obtain than divorces. Still, an annulment is a way for people to legally end their marriage without the long-term effects that come with divorce, as long as the criteria are met.
For many people, the process provides peace of mind, especially when it comes to concerns about fraud, coercion, or incapacity.
Learn more about the types of family law issues we handle by visiting our family law page.
What Is an Annulment?
A marriage annulment is a court order that says a marriage is no longer valid. That means that, from a legal point of view, the marriage never happened. You can only get an annulment in certain situations, unlike divorce, which ends a valid marriage.
In California, you can ask for an annulment by going to family court and filing a petition. To win, you need to show that you have one or more legal reasons, which we will explain below.
If you’re unsure whether you qualify, an annulment lawyer can evaluate your situation and explain your options.
How Annulment Differs from Divorce
People often confuse annulment with divorce. Both are ways to end a relationship legally, but the main difference is that one is valid and the other is not.
Annulment:
Establishes that the marriage was never valid.
Divorce:
Ends a valid marriage.
Annulments can have different effects on dividing property, spousal support, and even your future legal status. To learn more about divorce-related issues, visit our page on the California divorce process.
Legal Grounds for Annulment in San Diego, CA
There are several reasons a court may grant an annulment. Each must be supported by clear evidence.
Lack of Capacity or Consent
If a person was not of sound mind at the time of marriage—due to intoxication, mental illness, or cognitive disability—the court may find the union invalid.
Underage Marriage
If one or both parties were under 18 and did not have legal parental consent or court approval, the marriage may be annulled.
Fraud or Misrepresentation
If one spouse lied or misrepresented a key fact (e.g., concealing a prior marriage, criminal background, or intent to have children), this could qualify for annulment.
Impotence or Duress
Marriages entered under force, threats, or with a spouse who is physically incapable of consummation (and the issue is permanent and incurable) may be voidable.
Bigamy or Incestuous Marriage
Marriages that are bigamous or incestuous are automatically void under California law.
Other Statutory Grounds
Additional conditions may apply under exceptional circumstances. Consulting a San Diego annulment attorney near you is crucial for identifying if your case qualifies.
The Annulment Process in San Diego County
Filing a Petition for Annulment
The process begins by filing a “Petition for Nullity of Marriage” in the appropriate San Diego family court. You must also serve the other party with legal notice.
Required Evidence and Documentation
You’ll need documentation to support your claim, such as birth certificates, witness statements, medical records, or any proof of fraud or coercion.
Court Hearings and Judicial Considerations
In some cases, you will need to have a hearing. The judge will look at the facts and decide if your marriage is legally void or voidable.
Having a San Diego annulment lawyer on your side can make all the difference between winning and losing because the burden of proof is so high.
Potential Outcomes of an Annulment
Annulments can affect several legal areas. Here’s what you should expect after your marriage is annulled.
Legal Status After Annulment
Once annulled, your marriage is considered legally nonexistent. You are considered single—not divorced—by the court.
Property and Asset Division
Because the marriage is treated as if it never happened, California’s community property laws usually don’t apply. Each person keeps their own property. There may be exceptions, though, if you live together, have joint accounts, or buy things together.
Child Custody and Support Implications
If kids were born during the marriage, the court will still make legal parentage, custody, and support orders, just like it does in a divorce. A San Diego annulment divorce lawyer from Garwood Reeves can help ensure your parental rights are protected.
Why Work with a San Diego Annulment Attorney?
People often decide to get an annulment when they are very vulnerable and upset. You may feel betrayed, confused, or as though your entire understanding of your marriage has been turned upside down.
Cases of annulment can be particularly challenging, not just because they are legally complex, but also because they involve deeply personal truths. It can be lonely and overwhelming to go through this difficult time alone, especially when people are questioning the validity of your most important relationship.
This is where the help of a dedicated San Diego annulment lawyer becomes not only helpful but also necessary.
A lawyer in your area knows how you feel and has the legal knowledge you need to clear things up and get things settled.
A deep knowledge of California family law
California’s annulment laws are complicated and very specific, so you need to know precisely what the legal reasons and evidence standards are.
Our lawyers are experts in California family law, particularly in declarations of nullity. We can tell you for sure if your case meets the strict legal requirements for an annulment, so you don’t waste time and emotional energy on a path that won’t work.
We’ll carefully look at your situation and give you advice on the best legal arguments and how to present your case in a way that works within the rules of state law.
Experience working with the court system in San Diego County
Each court system has its own rules, staff, and procedures. Because we have worked with the San Diego County court system before, we are familiar with the judges, clerks, and the typical processing times.
This local knowledge is invaluable because it helps us navigate the court system efficiently, plan for any potential procedural issues, and ensure your case progresses as smoothly as possible.
You won’t have to figure out local rules or protocol on your own, which will help you feel better during this difficult time.
An approach that is kind and doesn’t judge
We understand that obtaining an annulment often involves addressing sensitive issues, such as fraud, deception, or concealed secrets, which can be very painful to confront. We are kind and non-judgmental, so you can feel safe sharing your story with us.
We listen with empathy and treat your story with the respect and dignity it deserves.
We are here to support you through every emotional challenge while keeping your legal success in mind.
Legal plan for making a strong case based on evidence
To get an annulment, you need more than just your word; you need proof. We develop a robust legal plan to build a strong case based on facts.
This means carefully collecting the necessary documents, presenting strong arguments, and, if required, collaborating with investigators or expert witnesses to support your claims. We do everything possible to prepare your case, ensuring that every detail supporting your petition for nullity is presented clearly to the court.
At Garwood Reeves, we understand how deeply these cases affect people’s lives. Our team prioritizes your dignity, ensuring that your information remains entirely private and that we work diligently to deliver the results you deserve.
We understand that this process can be emotionally challenging, and we’re here to support you through it. We want you to read real client stories in our testimonials section to see how our dedicated legal support has helped others find closure and a new beginning.
What is the Difference Between a Divorce and an Annulment?
Let’s simplify the differences:
| Feature | Divorce | Annulment |
| Legal Marriage? | Yes | No |
| Property Division? | Yes (community property laws apply) | No (unless proven otherwise) |
| Spousal Support? | May apply | Typically does not apply |
| Child Custody/Support? | Yes | Yes, if children are involved |
| Legal Status Afterward | Divorced | Single |
Still wondering, do you need a lawyer for an annulment? The answer is yes, especially if children, assets, or contested facts are involved.
Schedule a Consultation with a San Diego Annulment Lawyer With Garwood Reeves
It can be a very lonely experience to go through the annulment process, with numerous unanswered questions and a deep sense of uncertainty about your future.
You may have been carrying the weight of a secret, the pain of a profound betrayal, or the fear that your marriage was never real.
You might feel a mix of anger, confusion, or even a quiet need for clarity and closure. We know that behind every legal question is a person with a story, a heart that needs healing, and a way to find peace.
Your story is essential. You deserve a legal way to move on, whether you were tricked into a painful lie, forced into a marriage you didn’t want, or were just too young to agree to the marriage when it started fully.
This way, you can reclaim your identity and your future. At Garwood Reeves, we’re not just lawyers; we’re caring advocates who will always be there for you with experience, empathy, and decisive action. We look past the legal papers to the person who wants comfort and justice.
It can be scary to take that first step, but it’s a brave step toward regaining control of your life. We are here to help you take that step as easily and smoothly as possible.
Call our office directly:
Someone on our team who cares is ready to listen and help you find the help you need.
Visit our contact page:
Visit our contact page to find various ways to reach us at your convenience.
Schedule a private consultation with a San Diego annulment attorney:
This private meeting is your chance to tell your story, ask questions, and learn about your legal options without being judged. We provide a safe space for you to consider your next steps.
Don’t let the past hold you back from your future. Let us help you take charge of your future in a way that is both legal and respectful of your emotions. Your new beginning is waiting for you.
San Diego Annulment Lawyer Frequently Asked Questions
1. How can you get a marriage annulled in San Diego?
You must file a petition in family court and prove one of California’s legal grounds for annulment, such as fraud, incapacity, or underage marriage.
2. Is an annulment faster than a divorce?
Not always. Because annulments require evidence, they can take longer than an uncontested divorce.
3. Do you need a San Diego Annulment Lawyer?
Yes, especially if you have children, shared property, or if the other party contests your claims.
4. What happens to children born in an annulled marriage?
Children are still considered legally legitimate, and the court will establish custody and support orders as it would in a divorce.
5. Can I file for annulment if I’ve been married for years?
Time limits apply depending on the grounds. For example, fraud cases generally require you to act within four years of discovering the fraud.