How Can I Annul My Marriage?

“Annulment” is a word nobody wants to think about, but many people find themselves facing this situation. Let’s say you got married, but now you're wondering if your marriage was ever valid in the first place. Maybe your spouse lied about something important. Or perhaps you were forced into marriage. You might be asking yourself, "How can I annul my marriage?" or "How can I cancel my marriage?"

If this sounds like you, you're not alone. An annulment is different from a divorce. A divorce ends a valid marriage. An annulment treats the marriage as if it never legally existed. We want you to feel as empowered and educated as possible if you are dealing with the annulment process.

We’ve laid out some annulment guidelines to help you understand the annulment process. We'll explain annulment requirements, the legal steps you need to take, and what documents you'll need. By the end, you'll know whether an annulment might be right for your situation.

What is an annulment?

An annulment is a legal process that declares a marriage null and void. This means the court decides the marriage was never valid from the start. It requires proving that specific conditions existed at the time the marriage began, such as fraud, incest, an underage or mentally unfit partner.

Aaron Bern, LegalShield provider lawyer with Anderson, Williams, & Farrow, LLC, explains the difference clearly:

"Annulment retroactively invalidates the marriage, treating it as if it never existed, whereas divorce terminates a valid marriage as of the date of the divorce judgment."

One important difference: annulment doesn't allow for alimony payments. However, if you have children, the court can still address custody and child support issues.

Grounds for annulment

Courts won't grant an annulment just because you changed your mind. You need legal grounds. This means you must have a valid reason why the marriage should be considered invalid.

Courts recognize two types of invalid marriages. Some marriages are void from the start, meaning they were never legal. Others are voidable, which means they're valid until a court annuls them. Bern notes that

"a void marriage is considered invalid from the outset and includes situations such as bigamy, incest, or one party being insane at the time of the marriage."

Let’s look at a few details about some common grounds for annulment:

• Fraud or misrepresentation: Your spouse lied about something major. This could include hiding a previous marriage, lying about wanting children, or concealing infertility.
• Coercion or lack of consent: Someone forced you into the marriage. You didn't freely agree to marry.
• Mental incapacity or intoxication: You or your spouse weren't mentally able to consent during the ceremony. This includes being drunk or high at the wedding.
• Underage marriage: One spouse was too young to legally marry and didn't have proper parental or court permission.
• Bigamy: Your spouse was already married to someone else when you got married.
• Incest: The marriage was between close relatives, which is illegal.

Understanding these rules for annulment of marriage is the first step. If one of these situations applies to you, you may be able to get your marriage annulled.

Annulment requirements by state

Annulment requirements vary from state to state. Each state has its own laws about when you can get an annulment and what reasons are valid.

Some states are stricter than others. The grounds that work in one state might not work in another. Time limits also differ depending on where you live.

This is why it's smart to check your state's specific rules for annulment of marriage. An experienced family law attorney can help you understand your state's requirements. They'll know exactly what you need to do and how long you have to file for annulment.

How to get an annulment – step by step

Wondering how to get an annulment? Let's break down the annulment process into simple steps:

1. File a petition for annulment: You start by filling out legal papers and filing them with your local family court. This petition explains why you believe your marriage should be annulled.
2. Serve the annulment papers: Your spouse must receive official copies of the annulment papers. This is called "service of process." It makes sure your spouse knows about the case.
3. Attend a court hearing: A judge will hold a hearing to review your case. You'll need to present evidence that proves your grounds for annulment. Your spouse can also present their side.
4. Receive a court order: The judge will decide whether to grant or deny your annulment. If approved, you'll receive a court order declaring the marriage null and void.

How long do you have to get a marriage annulled?

When can you get an annulment? This is a common question, and the answer depends on your situation.

Time limits for annulment vary based on state laws and your specific grounds. Here are some examples:

• Fraud claims: Most states require you to file within a few years after you discover the fraud. You can't wait forever once you learn the truth.
• Underage annulments: If you were underage when you married, you usually must file before you turn 18. After that, the marriage may be considered valid.
• Bigamy or incest: These marriages can typically be annulled at any time because they were never legal.

Don't wait too long if you're thinking, "How can I get my marriage annulled?" Time limits are strict, and missing a deadline could mean you're stuck with divorce as your only option.

What evidence is needed for annulment?

When you file for annulment, you must prove your case. The court won't just take your word for it. Here's what kind of evidence you might need:

• Marriage certificate: This proves the marriage happened and shows important dates.
• Witness testimony: People who have first-hand knowledge about the fraud, coercion, or other problems can testify.
• Documentation of fraud, coercion, or incapacity: Documents, emails, text messages, or other records that support your claim.
• Medical or psychological evaluations: If mental incapacity or intoxication is your ground, professional evaluations can help prove your case.

Remember, the burden of proof is on you. You're the one asking for the annulment, so you must convince the judge that your marriage meets the legal requirements for being declared invalid.

Even in uncontested cases where your spouse agrees, you still need to present evidence. As Bern points out, "Evidence must be presented to establish the claim for annulment, even in cases where the respondent does not contest the action." The court won't simply grant an annulment because both parties agree—you must prove your grounds.

Is annulment harder to get than divorce?

Yes, annulments are generally more difficult to get than divorces.

With a divorce, most states allow "no fault" divorce. This means you don't have to prove your spouse did anything wrong. You simply say the marriage isn't working, and the court will grant the divorce.

An annulment is different. You must prove specific legal grounds. You need evidence. You must convince a judge that your marriage was never valid in the first place.

This is why annulments are much less common than divorces. Many people who start out seeking an annulment end up getting divorced instead because they can't meet the strict annulment requirements.

Deciding if annulment is right for you

Now you understand the basics of the annulment process. You know about annulment requirements, common grounds, legal steps, and important documentation.

If you're still wondering, "How can I get my marriage annulled?" the most important step is getting professional guidance. State laws differ, and deadlines are strict. A family law attorney who knows your state's rules for annulment of marriage can review your situation and explain your options.

Get the legal help you need

Dealing with family law issues can feel overwhelming. Whether you're exploring how to get an annulment or facing other legal challenges, you don't have to figure it out alone.

LegalShield connects you with experienced attorneys who can guide you through the annulment process. From understanding your state's annulment requirements to gathering evidence and filing paperwork, professional legal support makes all the difference.

Don't let confusion or fear hold you back. Visit LegalShield's Family Law page today to learn how affordable legal protection can help you navigate life's toughest moments with confidence.

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Aaron E. Bern received his B.A. Degree from Indiana University in 2008, while also serving as a member of the Hoosier Football Team, and his J.D. degree in 2017 from Faulkner University's Jones School of Law. Mr. Bern is a member of the American Bar Association, the Alabama State Bar, and the Montgomery County Bar Association. He has been with Anderson, Williams, & Farrow, LLC since 2018, serving as supervising attorney since 2022. In addition to providing advice and counsel to LegalShield members, Mr. Bern is a general practice attorney, handling a broad range of legal matters including family law, collections, and landlord tenant law, to name a few.