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Marriage Annulment- Marital Annulment
 

 

 

A marriage annulment is a legal process whereby a marriage is dissolved and declared that it never existed. A divorce terminates a marriage - the annulment causes the parties to return to single, or unmarried status. Contrary to a popular myth, annulments are not reserved solely for marriages of shorter duration. In the U.S. the individual states regulate marriage, and one must meet the same residency requirements to file for an annulment as they would need if they filed for a divorce. When we speak of laws regulating marriage, we are speaking of 50 separate marriage codes. There are some universal aspects found in all 50 states, however. Marriages that get annulled are done so on grounds that fall into one of two categories: a void marriage or a voidable marriage.

On balance an annulment is more expensive than a divorce because annulments tend to be litigated (arguments before a judge) while most divorces settle before trial.

The court will decree a marriage annulled and void if grounds for annulment are proven. This court edict proclaims that despite a couple having gotten married, that marriage should have never taken place. An example of a void marriage is one where someone marries another while still being married to a third person. Society calls that bigamy, and as such ( regardless of the wishes of individuals involved ) the marriage was void from the moment it was entered into.

A voidable marriage is one where certain conditions were present at the time they were married that qualify a marriage to go through the annulment process. An example of this might be where a couple has sexual relations and she gets pregnant. Her father threatens the boyfriend with a shotgun if he doesn't marry his daughter. Under threat and duress, the marriage occurs.

 

Sometimes it makes sense to fill out the annulment forms and present them to your partner for signing rather than re-opening a big debate about it. Click on the annulment forms link in this paragraph, and begin the annulment process without further delay.

 

In general one of the following grounds for annulment must be met:

  • The couple was married fraudulently. This can be due to the concealment of a criminal history, impotence, sexually transmitted diseases, etc.
  • One of the parties didn't have the mental capacity to enter into a marriage contract. (i.e. due to drunkenness or mental disability-lack of awareness they were married).
  • A close blood relationship exists between the two (consanguinity).
  • One of the parties were married under duress, threat, or force.
  • One party was still legally married when the current marriage occurred;
  • One or both parties were not old enough to be married;
  • One party was impotent and unable to consummate the marriage
Consanguinity
Some U.S. states forbid cousins to be married. Others are more lenient and only forbid people to marry their brothers, sisters, mothers, fathers, or aunts and uncles. Consanguinity is a ground for annulment in most states.
Bigamy
Bigamy is the act or condition of a person married to another person while still being lawfully married to a third person.
Polygamy
Situation in which one man is either married to or involved in sexual relationships with a number of different women at one time, married or not. 
 

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Marriage annulment Q & A that may help to clarify the process

We got married several months ago, and we both realize it was a mistake, and want out of the marriage. Which way is easiest and cheapest ..divorce or a marriage annulment?
There's no way of knowing which end to your marriage is best for you without knowing more. You do need a specific ground for a marriage annulment. Your best bet would be to look for local legal services that could steer you in an inexpensive and efficient manner.

Is there a certain time limit in which an a marriage annulment must be gotten?
Some states do set limits on how far into the marriage one can get before barring an annulment, In addition, many states look at how long a spouse has had knowledge that a condition existed before he or she filed for an annulment. Check your individual state for details. Back to Q & A Top↑

There's been so much preparation for my wedding that I can't back out now. Can I get a marriage annulment right after the marriage?
The truth is that you should not go through with the marriage for many reasons. If you do go through with the marriage and still want a marriage annulment, remember that you need grounds for any marriage annulment. Review this page to see if you qualify. 

We've only been married 11 months but I need to end this marriage and get a marriage annulment (I think). I heard I have to apply within one year. Is that right?
That's a common misperception. Marriage annulments can occur at any time during the marriage. Where were you married? Are you in the same state that you married in? 

Is there such a thing as 'pro se' with marriage annulments like there is with divorce?
You certainly can represent yourself, but like divorce, your best interests are served with sound legal advice. Even if its paying for advice by the hour, it would be best to go that way. Marriage annulments can be tricky and complex. Back to Q & A Top↑

Is there some way I can get a marriage annulment for free? I can't afford any legal or filing fees for a divorce or any process.
No. Like any other legal process e.g. divorce before the court, there are filing and court fees. There may even be limited attorney fees if you hire one to guide you through the process of a marriage annulment. If you want to reverse your married status, they will be some discomfort.

I filed for divorce last week and my new husband of 2 months just told me he filed for a marriage annulment today. Which way does this go now?
One of you needs to request a dismissal of the other's petition, and if you and your spouse can't agree, one of the judges will decide. It's best to get a divorce lawyer's opinion on this though. Back to Q & A Top↑

Can someone file for a marriage annulment and have it go through without me? Isn't the notification process the same as a divorce?
No, you must be notified by law. Any proceeding failing to notify you can be contested on that basis. You were married together. The legal system expects you both to participate in no longer being married.  Back to Q & A Top↑

We've been married three years and now my wife wants an annulment. Can I contest it?
You certainly can contest the annulment request, but if your spouse has grounds and can prove them, the annulment can go through over your objections. 

My spouse is applying for a religious annulment so he can marry a girl in the Catholic Church. Can I contest it?
He'll need a legal divorce first. Beyond that, a religious annulment is beyond the scope of this site. We assume you were married Catholic? Your best bet would be to speak to that priest or another Catholic priest. Back to Q & A Top↑

My wife has been deported, and I want an annulment. Can I do this even though she's gone?
Your problem is likely going to be an issue of whether you can adequately notify her in a timely way. Speak with an attorney familiar with annulments and international law.

My husband disappeared right after we got married, and I haven't seen him since. It's been almost four years. Can I get an annulment to this nightmare? I think he married me to stay in this country. Back to Q & A Top↑
Much like a missing spouse in a divorce case, you'll need to satisfy a court you searched thoroughly. You'll likely do 'service by publication' where you put ads in newspapers. 

I just found out my soon-to-be ex (who lied to me) is still married to another woman. Do I need a copy of that marriage certificate to get a marriage annulment? Will I stay married until he fixes this?
You (or your attorney) can get a copy of his marriage certificate from the county he married in (Clerk of Courts in many cases). You do need to prove the other marriage to get your marriage annulled. Back to Q & A Top↑

I once got a marriage license with someone but never had a ceremony. Do I need an annulment to get married now?
If there was no ceremony, you never got married, and no need for an annulment. Good luck.

Can I get a marriage annulment if he was using someone else's name?
It certainly sounds like deception to one degree or another and grounds for a marriage annulment. See an attorney.  Back to Q & A Top↑

Can I still get a marriage annulment if my wife divorces her first husband? I just found out she is still married to him, and now me.
If you married her while still was still married, your marriage is void and no need for annulment. 

We fight all the time and have been married just 3 months. Can we get an annulment?
In order to get a marriage annulment, you need to prove grounds for it, and fighting isn't one of them. Consider getting a divorce instead.  Back to Q & A Top↑

I've been divorced 10 years from my ex, and now he wants an annulment. Why is  that?
Is he Roman Catholic? We would assume he wants to remarry, and in the Catholic Church, you must first have an annulment. It's probable he's trying to get a legal annulment to assist him with a religious one. A legal annulment can help legitimize a religious one.

Can anyone file for an annulment of our marriage. My ex mother in law claims she can?
Unless your ex has named someone else as his guardian because of some incompetency or has given others powers of attorney, your ex must represent himself.  Back to Q & A Top↑

Is abuse grounds for annulment?
No. While abuse is very poor behavior, it is only grounds for divorce, although it is also illegal and shouldn't be tolerated. 

How is custody and child support affected by an annulment?
There is no difference or legal distinction between the two and how they relate to custody and support.  Back to Q & A Top↑

Is abandonment grounds for an annulment?
No, they don't meet the annulments tests but do for a divorce. Consider going that way. 

We celebrated our 5th anniversary recently, and then I found out he has concealed everything from me. Criminal history, arrest, bad debts, DUI's and more. Does this qualify for an annulment?
Yes, this certainly sounds like a case of clear fraud, or concealment. See an attorney for final advice. You should be able to get out with an annulment.   Back to Q & A Top↑

Is infidelity grounds for an annulment?
No, infidelity may very well be grounds for a divorce though. See if you can save your marriage before divorcing.

I was on some serious medications when I married my husband (Long story- emotional  difficulties). Can I get an annulment now?
If you can prove that you married during a time that you were incapacitated, you likely can qualify for an annulment. See an attorney for specifics. Back to Q & A Top↑

Years ago when we got married my parents had to sign for me. Can I now go back and get my marriage annulled because I wasn't old enough to sign?
The answer will be that if you met all the requirements of your state to marry at that time, you wouldn't qualify for an annulment. It can't hurt to run it by a lawyer though.

I'm confused about what consummating the marriage means. We lived together with a full sex life for 5 years, but since the wedding ceremony there hasn't been any sex? Can I get an annulment?
Your situation sounds like a situation requiring specific legal advice. Each state has its own annulment laws. Please consult with a lawyer.  Back to Q & A Top↑

Does one have to wait until an annulment is final before they are free to marry again?
Yes, like a divorce you have to wait until it (annulment) is final, and you are single (although you might consider waiting awhile anyway). What's the rush? 

My husband just admitted he married me to get a green card. I'm angry and want out. Can I get an annulment, and will this get him into trouble?
Yes, it appears fraud is an issue here, so an annulment is likely to be awarded. He may well get into trouble as INS does track certain marriages.  Back to Q & A Top↑

My parents want me to get my marriage annulled but I don't want that. Can I remarry him after an annulment?
It would be much simpler to just remain his wife, but we understand family pressures. You are free to marry anyone after an annulment.

My girlfriend got pregnant, and I felt enormous pressure to marry her, which I did this year. Does that pressure qualify me for an annulment?
While that would be pressure, in the eyes of the law, you chose the decision to marry rather than was forced into it. No, you wouldn't have grounds for an annulment. Double-check with an attorney though.  Back to Q & A Top↑

What does the term consanguinity mean?
Consanguinity refers to a situation where someone married another too closely related person. Uncles, Aunt, nieces, nephews, first cousins and others fall into this category and are prohibited from marrying.

What is the definition of bigamy and how does it relate to annulments?
Bigamy is the act or condition of a person marrying another person while still being lawfully married to a third person. It is prohibited in all states, and is grounds for annulment of a marriage.  

My husband just found out his divorce was never finalized, and we have been married for years now. This is bigamy, right? Does this make our marriage null and void?
Yes, it's bigamy. It's going to depend on your state laws. He certainly needs to get the previous marriage finalized and ended. In some states that will automatically make your marriage valid. This can get tricky, as many states operate by case law with annulments. I'd speak to a family law attorney. Back to Q & A Top↑

Can a person go to prison for bigamy or consanguinity?
Bigamy or consanguinity are against the law, so technically both actions could possibly carry with them some punishment. It's unlikely though, unless someone by these acts harmed another and can prove damages. 

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