Key Takeaways:
- You may get an annulment if your marriage is “void” or “voidable.” A void marriage was against the law when you married. A voidable marriage has a legal defect that violates the law, but you may make it valid.
- You may annul a void marriage at any time, regardless of the length of the marriage.
- You may annul a voidable marriage at any time unless and until you’ve validated it by continuing to live together with your spouse as a married couple after you discover the defect or after the defect ends.
There are lots of misconceptions surrounding what an annulment is, and when you can get one. Some people think you may get an annulment only if you haven’t “consummated” the marriage, which at best misstates a common annulment ground. Some churches offer religious annulments, which don’t affect your legal marital status. And some think there’s an annulment time frame after which you can’t have a marriage annulled.
But there’s no time limit on when you may annul a marriage. What matters is what makes the marriage annulable and what the spouses do once they are aware of why the marriage could be annulled. This article explores the grounds for annulment, when you may get one, how to get one and what happens after.
What is an annulment?
An annulment is a legal process that declares a marriage null and void. In effect, an annulment makes a marriage as if it never happened.
Annulment vs. divorce
While annulments and divorces both bring an end to a marriage union, the two have a few key differences:
| Annulment | Divorce |
| Underlying marriage is deemed invalid | Underlying marriage is valid |
| Retroactively declares a marriage null and void, as if it never existed | Dissolves a legally valid marriage from the date of divorce moving forward |
| Can only be sought for certain grounds, which vary from state to state | Can generally be sought for any reason |
| Typically doesn’t address issues such as property division or spousal support | Takes issues such as division of property and spousal support into account |
| May have a time limit on how long after marriage an annulment proceeding may be filed | No time limit to file for divorce |
When can you get an annulment?
You may get a no-fault divorce in every U.S. state. But you may get an annulment only in specific circumstances.
What qualifies for an annulment? Generally, you may have a marriage annulled if the marriage is “void” or “voidable.”
Pro tip:
Some states may use different terms to describe a legal declaration that a marriage never occurred. For example, in Texas, you “annul” a voidable marriage but request a court “declare void” a legally void marriage. Ensure you know what language your state uses.
Voidable marriages
Most states allow you to annul a marriage based on an overlapping handful of grounds. A marriage may be voidable if a spouse was:
- Under 18 at the time of the marriage
- Improperly induced to marry through misrepresentation, fraud, duress or force
- Impotent at the time of the marriage
- Already married
- Unable to consent (for example, due to mental disability or intoxication)
Age
A marriage can typically be annulled when one party was under the age of majority at the time of the marriage ceremony. (The age of consent to enter into a marriage varies depending on your jurisdiction.)
Examples of evidence that can be used to prove that a person was underage at the time of entering into the marriage typically include birth certificates, school records and witness testimony.
Fraud or misrepresentation
For the purposes of marriage annulment, fraud or misrepresentation exists when one spouse deceives the other by withholding or misrepresenting information that goes to the essence of the marriage. Examples include but aren’t limited to lying about one’s:
- Age
- Identity
- Prior marital status
- Ability to have children
Evidence of fraud may include witness statements, emails or any other evidence that shows your spouse lied to you.
If improperly induced to marry, the spouse requesting the annulment needs to show that they wouldn’t have married the other in different circumstances. For example, Spouse A conceals that they have several child abuse convictions. Spouse B did not know about the convictions and would not have married Spouse A if they had known. So, by concealing their criminal history, Spouse A induced Spouse B to marry them through misrepresentation and the marriage is voidable.
Duress
In the context of marriage, duress exists where one spouse was forced into the marriage against their will. Examples of duress typically include threats of physical harm or financial threats used to coerce the other party to agree to get married.
Evidence of duress may include your own testimony, the testimony of others who witnessed the threats or written statements like texts or emails.
Impotence
Impotence—or when someone is unable to engage in sexual intercourse—is another possible reason for annulment. However, the impotence typically must have been a permanent condition that existed and was unknown to the other spouse at the time the marriage took place.
Notably, impotence is less common than the above grounds for annulment. Before relying on this reason, check the laws of your state to verify whether impotence is a permissible basis for annulment. Medical records are often needed to prove impotence.
Bigamy
Bigamy exists when one spouse was already married at the time of the subsequent marriage ceremony. In this case, the second marriage may be voided. This also applies where a couple previously entered into a common law marriage and later separated but never obtained a legal divorce.
To prove bigamy, you need to obtain proof of the prior marriage.
Lack of capacity
When entering into a marriage, both parties must consent to the marriage. Thus, if either party lacks the mental capacity to provide their consent at the time of the ceremony, the marriage may later be annulled.
Lack of capacity includes cases where one or both parties had a mental condition preventing them from understanding the nature of the marriage. It also includes situations in which one or both parties were under the influence of drugs or alcohol and unable to properly give their consent.
To prove lack of capacity, you might consider using evidence such as:
- Medical records
- Toxicology reports
- Psychiatric evaluations
- Witness testimony from friends or family who can attest to your mental state leading up to and at the time of the marriage ceremony
Pro tip:
Family law is the domain of each individual state, so your state’s laws may vary from those explored above. Particularly, some states authorize additional annulment grounds. For example, California allows you to have a marriage annulled if one spouse was already married but believed their spouse to be dead. Consult your state’s specific voidability rules before proceeding.
Validating voidable marriages
Generally, you may annul a voidable marriage regardless of its length—unless you validate it. The following chart explores how you may validate a voidable marriage. If, after the events described, the couple voluntarily chooses to live together as a married couple, the marriage may no longer be annulled.
Living together as a married couple typically, but not universally, involves a sexual relationship. It’s also essential that the spouses live together voluntarily. For example, cohabitation may not be truly voluntary if one spouse was forced to marry the other, even if the force or threat of force is no longer present.
| Annulment ground — One or both spouses were… | Example cases — Spouse A and Spouse B | The marriage becomes valid if Spouses A and B voluntarily live together as a married couple after… |
| Minors | A is 17 when she marries and moves in with B, who is 19. | Both spouses are 18 or older |
| Induced to marry through misrepresentation or fraud | A is pregnant and tells B the child is his, even though A knows it isn’t. B marries A because he believes the child is his. | Spouse B discovers the misrepresentation |
| Induced to marry through duress or force | A is pregnant with B’s child. B’s parents threaten to harm the child if A and B don’t marry. A and B get married. | The force or duress ends |
| Intoxicated | A and B get married on a drunken whim. | Both spouses are sober and clear-headed |
| Not mentally able to consent | B suffers a significant psychotic break, during which time A and B get married. After being hospitalized, B regains normal mental function. | Spouse B becomes mentally competent |
Pro tip:
Some of these grounds set a short time frame, like no longer being intoxicated. You may not discover others for years, like who a child’s biological father is. Still, the longer you’ve been married, the harder it often becomes to convince a judge you didn’t know certain facts. Despite the lack of a specific annulment time frame, judges may be more likely to annul short-term marriages for that reason.
Void marriages
In most states, void marriages fall into two categories: the spouses are too closely related or one spouse is already married to someone else.
Spouses are typically too closely related if—through full-blood, half-blood or adoption—one spouse is the other’s:
- Parent, grandparent or other ancestor
- Child, grandchild or other descendant
- Sibling
- Stepparent or stepchild
- Aunt, uncle, niece or nephew
The states are divided on marriages between first cousins. Many states outlaw first-cousin marriage, but nearly half don’t limit it at all. Seven states permit first-cousin marriage when the chances of the cousins having children with genetic abnormalities are reduced or eliminated. And Minnesota allows first cousins to marry only if part of “the established customs of aboriginal cultures.”
A void marriage is always annulable because the spouses were legally unable to marry in the first place.
How do you get an annulment?
Usually, you get an annulment in the same way that you get a divorce—by filing a dissolution of marriage case with your local court. When you do, you must convince the judge your marriage meets your state’s annulment requirements.
Pro tip:
If a judge decides your marriage isn’t annullable, you may still divorce. In some states, you may request an annulment at the same time that you request a divorce. When you do, you ask the judge to first decide whether they can annul your marriage. If they conclude they can’t, you move directly to divorce—without filing a new case. If your state allows you to file this way, it may save you time and money.
What happens after you have a marriage annulled?
So the answer to: “how long can you be married and still get an annulment?” is: it depends. So what happens after your marriage is annulled? What if you were married for many years, you share children and your lives overlap extensively?
An annulment declares that, for legal purposes, your marriage never occurred. It otherwise looks a lot like divorce. Yet, having your marriage annulled provides some unique benefits. For example, you need not report that you were previously married in some contexts, like tax returns. Or you may invalidate a prenuptial agreement.
And some state laws authorize certain things only in divorce or annulment. For example, some states may forbid spousal support or property division as part of an annulment agreement.
Ultimately, the longer you’re together, the messier it is to separate your lives, and the stranger it seems to declare that the marriage never happened. But as long as you meet the legal annulment requirements, you may have a marriage annulled even if you were married for 50 years.
Choosing between annulment and divorce
Depending on the circumstances, an annulment might take longer and cost more than a divorce, or it might be quicker and cost less.
An annulment might be more efficient if:
- You have clear evidence of reasons your marriage is void or voidable
- Your marriage didn’t last more than a few years
- Your spouse also wants to have the marriage annulled
- You don’t share much property
- Neither spouse wants spousal support
However, a divorce may be more efficient if:
- You’ll struggle to provide evidence of reasons your marriage is void or voidable
- Your marriage was long-term
- Your spouse doesn’t want an annulment
- You share a lot of property
- One of the spouses wants spousal support
Whether you seek an annulment is a personal choice, but many who are considering an annulment benefit from the advice of a family lawyer. Your lawyer may advise you whether it’d be worthwhile to try to have your marriage annulled and help you understand your state-specific marriage laws. If you decide to pursue an annulment, your lawyer will also help you present your evidence in a way that makes it most likely a judge will conclude your marriage is void or voidable.
Sources
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6.102, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6.201
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=2210.
https://www.newsweek.com/map-states-marry-cousin-tennessee-ban-1889727
First-cousin marriage is legal in Alabama, Alaska, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Maryland, Massachusetts, New Jersey, New Mexico, New York, North Carolina, Rhode Island, South Carolina, Tennessee, Vermont, Virginia and Washington D.C.
These states include Arizona, Indiana, Illinois, Indiana, Maine, Utah and Wisconsin.
https://www.revisor.mn.gov/statutes/cite/517.03
