Legal Question in Family Law in California

1) No, not unless the marriage was totally void from the beginning, such as if one of you was committing bigamy, or you suddenly discovered one of you is adopted and you are cousins, etc.

2) If you have the relevant facts regarding the marriage to fill out the paperwork (pretty much just date and location) you don't need the certificate. If you live in California and have for at least six months, you can file here. You also have the option of filing where he lives as long as he has lived there long enough under that state's jurisdiction laws. Whether or not one of you lives in the state where you married is not relevant, only where you live now.

California's grounds for annulment are not based on the length of marriage. If the parties were married for one week, and the marriage was valid, they have to terminate their marriage by dissolution.

The grounds for an annulment of marriage are set forth in Family Code sections 2200, 2201, and 2210. You can annul a marriage that is bigamous, or incestuous. You can also annul a marriage that was entered into by force, when one of the parties was not of legal age, that was entered into as a result of fraud, where one of the parties was of unsound mind, or has physical incapacity. The fraud ground is extremely limited, and is usually applied to situations where one of the parties lied about their reproductive abilities.

Not having a marriage certificate is not a grounds for annulment. It is not clear from your post whether you don't have a copy of the marriage certificate on hand, or that the marriage license was never registered.

You may qualify for a summary dissolution of marriage. I suggest looking at the information and discussions at the link here: http://www.courtinfo.ca.gov/selfhelp/family/divorce/summary.htm