An annulment is a legal proceeding that declares a marriage null and void, as if it never legally existed. Unlike divorce, which ends a valid marriage, an annulment declares that the marriage was never legally valid in the first place.
16 steps across 2 sections
1. Steps Process
- Determine If You Have Valid Grounds
- Annulments require proving specific legal grounds; you cannot simply request one
- Void marriages (inherently invalid — no court action technically needed, but recommended):
- Bigamy: one or both parties were already legally married
- Incest: parties are closely related by blood
- Voidable marriages (valid until a court declares them null):
- Fraud or misrepresentation (hiding a prior marriage, lying about wanting children, concealing a criminal history)
- Coercion or duress (forced into the marriage)
- Mental incapacity or intoxication during the ceremony
- Underage marriage without proper parental or judicial consent
2. Key Details
- Annulment vs. divorce: Annulment declares the marriage never legally existed; divorce ends a valid marriage
- Religious vs. civil annulment: A religious annulment (e.g., Catholic Church) is separate from a civil/legal annulment — one does not affect the other
- Children's legitimacy: Children born during an annulled marriage are still considered legitimate
- Property: Division rules vary — some states apply equitable distribution even in annulments
- Time limits: Vary by state and by ground; some grounds have no time limit (bigamy, incest)
- Difficulty: Annulments are harder to obtain than divorces because of the burden of proof requirement
Common Mistakes
- Assuming a short marriage qualifies for automatic annulment (duration alone i...
- Confusing religious annulment with legal annulment (they are separate processes)
- Waiting too long to file and missing the statute of limitations
- Not gathering sufficient evidence to prove the grounds
- Expecting the process to be simpler than divorce (it can be equally or more c...
Pro Tips
- Consult a family law attorney before filing — many people who seek annulment ...
- Document everything related to your grounds: save texts, emails, records, and...
- If fraud is your ground, act quickly — the clock starts when you discover (or...
- Even if your marriage qualifies for annulment, consider whether divorce might...
- For religious annulments, contact your religious institution separately — the...