Do both parties have to agree to an annulment?

Key takeaways

• No mutual agreement required: You don’t need your spouse’s consent to get an annulment. If you can prove a valid legal ground, the court can grant it even if your spouse objects.
• Annulment vs. divorce: A divorce ends a valid marriage; an annulment declares the marriage was never legally valid, which can change how property and support are handled and when you can remarry.
• Evidence burden is high: You must present strong proof of a qualifying ground (e.g., bigamy, fraud, underage marriage, duress, unsound mind, or inability to consummate). Contested cases can be harder.
• Immediate benefits available: If granted, you’re typically free to remarry right away, and alimony/marital property rules often don’t apply the same way they do in divorce.

There are many potential reasons to seek an annulment: bigamy, one spouse being a minor, close family relations that constitute incest, unsound mind at the time of marriage, inability to consummate, or entering the marriage under duress or fraud. When a court annuls a marriage, it becomes legally null and void—as if it never happened.

So what if you want an annulment and your spouse doesn’t? You can still move forward. Both parties do not have to agree. Your spouse can’t stop the process if you provide solid, compelling evidence for why your marriage is invalid. That said, you still have to meet the legal burden of proof (and some states have time limits for filing), which can be challenging if your spouse contests the case.

Get the right lawyer for your annulment

Schedule a free 15-min call with our team today.

Get started

The Key Differences Between A Divorce & An Annulment

While both processes end a marital relationship, divorce and annulment work very differently in the eyes of the law. Here are the main distinctions:

• Property and support: Divorce usually involves dividing marital property and awarding spousal support, while annulment often avoids these rules because the marriage is considered invalid. Child custody and support, however, are handled similarly in both processes.
• Legal status: Divorce ends a valid marriage, while annulment declares the marriage was never legally valid from the beginning.
• Evidence requirements: Divorce allows “no-fault” filings without proving wrongdoing, but annulment requires conclusive proof of specific grounds such as bigamy, fraud, or duress.
• Timing restrictions: Divorce may require waiting period, but can generally be filed at any time, whereas annulment can often be filed immediately, but may be subject to statutes of limitations depending on the grounds.

Why Divorce Isn’t An Option For Those Seeking An Annulment

When a marriage is annulled, the law treats it as if it never existed—so there’s no valid marriage to “end” via divorce. However, getting an annulment means proving a qualifying ground with credible evidence. That burden sits entirely on the person requesting the annulment, and a contested case can lengthen the process.

What Does An Annulment Mean For The Future?

In many respects, having an annulment means that you start again with a clean slate. Afterward, your marital status is legally single or unmarried, not divorced. You may also find that you’re significantly better off financially because there’s no need to pay alimony or share your property. 

Interestingly, any children born during a marriage that’s eventually annulled are still considered legitimate. Accordingly, you and your former partner may need to agree on arrangements for your children.

How Soon Can You Marry Again Following An Annulment?

After an annulment, you’re legally considered single and free to remarry immediately, because the prior marriage is deemed never to have existed. In many cases, annulments also move faster than divorces, making them a quicker path for eligible situations.

Get the right lawyer for your annulment

Schedule a free 15-min call with our team today.

Get started

How A Family Lawyer Can Speed Up Your Annulment Process

Typically, there are various complicated stages to go through before applying for, and hopefully receiving, your annulment. You need to review the laws in your state, check that you’re eligible, collect and collate evidence, and then present it in a court of law.

An experienced family lawyer can help to speed up that process by verifying that you have a case, guiding you through the relevant legal procedures, and ensuring you avoid any mistakes that might delay or even invalidate your claim. If it arises that you aren’t eligible, a trusted attorney can also advise you on all your other options, including why a collaborative divorce might be your best option.

Conclusion

You don’t need the agreement of both parties for an annulment to happen, but you do need persuasive evidence to prove to the courts why your marriage should be declared null and void. You may enjoy much more significant benefits from an annulment over a divorce, so it’s well worth exploring if you’re eligible. 

A dedicated family lawyer can confirm whether you have a case, and if you do, help ensure you receive a positive outcome in the courts. Schedule your free consultation with Marble today to find out whether your marriage is eligible for annulment.