How Do I Get An Annulment?

An annulment, like a divorce, terminates the marriage relationship. But when an annulment is granted, it is as though the marriage never existed at all. 

Sometimes a marriage might happen under circumstances that undermine its validity. The parties may seek an annulment. Laws regarding annulments vary from state to state.

You Must Qualify To Get an Annulment

First, you need grounds to request an annulment. Check your state laws to determine if you have a voidable marriage. Or, your marriage might be void, meaning it was never legitimate in the first place.

Many states also have a statute of limitations for annulments depending on the reason. This law shows the time limit for filing after your marriage ceremony.

The Annulment Process

Once you verify that you qualify, the process to annul a marriage usually follows these steps:

1. Determine which family court you should file with. Usually, this is the district court where you live.
2. File a petition or complaint for annulment.
3. Complete the summons and follow the court’s instructions to serve your spouse. Just like the divorce process, serving papers will give them a chance to respond to the annulment.
4. The court will review your annulment forms and schedule a hearing.
5. Both spouses attend the court proceedings to finalize any outstanding legal issues.
6. The court declares the marriage invalid or void.

This process can vary by state and court. Consulting with a lawyer can be helpful whenever you’re considering a legal proceeding. The best time to talk to a family law attorney is before you fill out any court forms.

Are You Entitled to an Annulment?

You may have grounds for annulling your marriage if you can answer "yes" to one or more of the following questions:

• Was one of the parties still legally married to another person at the time of marriage?

• Are you and your spouse too closely related to each other by blood, such as siblings, first cousins, aunts, uncles, etc.?

• Did one (or both) of the parties lack the requisite mental capacity to voluntarily enter into the marriage due to mental illness?

• Were one (or both) of the parties facing a mental incapacity to voluntarily enter the marriage due to the effects of drugs or alcohol?

• Was one of the parties forced by threats or duress to enter the marriage?

• Is one of the parties physically unable to engage in sexual intercourse, and unwilling or unable to change?

• Did you fail to consummate the marriage (i.e., you did not engage in sexual intercourse)? (This is often required in conjunction with another ground.)

• Was one (or both) of the parties too young to enter into marriage according to the age of consent law?

• Did one (or both) of the parties, if under legal age, lack the requisite parental consent for the marriage?

• Was the wife pregnant with another man's child at the time of the marriage?

• Did one of the parties grossly misrepresent a crucial fact about himself or herself, such as religion or criminal history?

• Did you fail to meet the legal requirements for marriage (e.g., no witnesses, etc.)?

The above-listed situations are all considered legal grounds for obtaining an annulment. And if you choose to get an annulment, your marriage will be treated as though it never existed in the first place. A civil annulment court order would dissolve it.

As mentioned above, remember that the grounds for annulment vary depending on the state. Make sure to refer to your state's specific laws and requirements regarding annulment. You will need to meet the burden of proof to obtain the annulment.

Examples of Annulments

The following three scenarios are often grounds for annulment under state law:

• Your spouse committed an act of bigamy and has another family elsewhere
• Your spouse engaged in an act of misrepresentation that resulted in your agreement to marry them
• You were underage when you married your partner

As a result, under the laws of every jurisdiction in the United States, the marriage was not valid in the first place.

Marriage with an underage spouse is not permitted in most jurisdictions in the United States unless parental consent has been obtained. Or maybe your marriage license was the product of fraud in some other way, such as your partner disclosing a lie on the license.

How Does Annulment Affect Child Custody and Support?

Under most state laws, child custody determinations are treated similarly no matter how the marriage ended. Courts consider the same factors regardless of whether you dissolve your marriage by a civil annulment or a divorce.

Likewise, child support for underage or minor children usually has a similar approach. In either case, the process can be confusing and difficult to handle on your own. It's wise to contact a family law attorney to ensure you're on the right track and resolve any child custody issues.

Getting Child Custody with an Annulment

When a marriage is annulled, former spouses must determine legal custody. “Legal custody" refers to a parent's ability to make major decisions for their child. Often, major decisions are related to healthcare, education, and religion. This list is not exhaustive, however.

Parents must also decide on parenting schedules and determine where the child will live. You’ll need to make a parenting plan regardless of whether you've chosen a civil annulment.

In cases where a marital union is found to be a void marriage, expect that child custody determinations will look very similar to those of a valid marriage that has ended in a divorce.

This process doesn't always need to be contentious with your partner. You could separate amicably while still getting a civil annulment. Prioritizing what’s best for your children can keep both parties focused on a peaceful future.

Alternatives to the Annulment Process

Understand that a legal marriage is not eligible for an annulment. You will need to identify a legal reason under which your marriage was not valid in the first place. Annulment cases can be tricky, so contact a family law attorney if you need more help.

If you don't qualify for an annulment, you can still attempt to get a divorce. Divorce proceedings will still relieve you of the marriage and dissolve it.

When you compare annulment vs. divorce, you may find that divorce could be easier to obtain. It also may let you request spousal support (alimony) and a property division, which you cannot get if you pursue annulment.

Legal separation could also be another route. It can also result in similar child custody determinations.

Religious annulments do not carry the weight of law as civil annulments do. A religious annulment will not offer the same legal circumstances as a civil annulment.

Discuss Annulment and Other Options with a Lawyer

Annulments require very specific circumstances. They may not be available to many couples looking to split up. Find legal help if you are unsure about your next steps.

Contact a local family law lawyer who can give you legal advice. They can explain the annulment laws in your state and assess if you qualify for an annulment.