When it comes to ending a marriage, divorce is the process that people most commonly think of, but it may not be your only option. Another way to end a marriage is through a process called annulment.
In order to seek an annulment, you need to be able to cite and prove specific grounds (or reasons) for wanting the marriage annulled. These grounds may be harder to prove than those you can use to seek a divorce.
In this article we’ll discuss the common reasons for a marriage annulment in detail, as well as evidence you may be able to use to prove those grounds. We’ll also explain the differences between annulment and divorce and what to do if a court denies your reasons for annulment.
Annulment definition
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.
Ultimate effect
The primary difference between an annulment and a divorce is the ultimate outcome.
A divorce is a process that ends a valid marriage. Conversely, an annulment effectively erases the marriage from record and retroactively invalidates the marriage entirely—it’s as if it never occurred. For this reason, annulment is a relatively rare option available only in very limited circumstances.
Timing
Another key difference between an annulment and divorce is their timing requirements, depending on the jurisdiction where your case will be heard. Some jurisdictions don’t have separate timing requirements for annulment.
A divorce is available to a couple at any point in their marriage, after satisfying any applicable waiting period requirements in the jurisdiction where your case will be heard.
On the other hand, in some jurisdictions, an annulment is typically only allowed within a certain time frame after the marriage date. This time period varies from state to state, but in most cases, you must file for annulment within a few months to a year. This makes annulment much more time-sensitive than divorce, so depending on when your date of marriage was, divorce may be your only option.
Property division and spousal support
An overarching goal in a divorce is to provide a fair and equitable division of property between the parties. The court typically takes a number of factors into account—such as the length of the marriage and each party’s financial situation and contributions to the marriage—when determining this division. A court might also take these and other factors into account when deciding whether to order spousal support (sometimes referred to as alimony).
Conversely, since an annulment treats the marriage as if it never occurred, property division and spousal support may not be available.
Common reasons for annulment
When you file your petition for annulment, you need to cite the specific grounds for the annulment. You also need to be prepared to provide proof of those grounds.
The permissible grounds for annulment vary from state to state. Below are some of the most common reasons for annulment.
Fraud or misrepresentation
If one person entered into a marriage based on the fraud or misrepresentation of the other spouse (for example, they lied substantially about their financial status), the deceived spouse may be able to seek an annulment.
However, the misrepresentation or concealed fact generally must be something that would have caused you to not marry your spouse in the first place. So if you continue living with your spouse without conflict after discovering the concealed fact, you may be unable to obtain an annulment.
Examples include but aren’t limited to lying about one’s:
- Age
- Identity
- Prior marital status
- Ability to have children
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.
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.
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
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.
How to get an annulment
Annulment laws differ from state to state. Below are the general steps involved in the process to obtain an annulment.
1. Decide whether to hire an attorney
Annulments can be just as complicated as divorces. You may want to consider hiring an attorney to help you complete all the necessary steps, negotiate with the other party and represent you at trial, if necessary.
2. File a petition
The first step to initiate the annulment process is to file the necessary paperwork. This is typically referred to as a petition or complaint for annulment. The petition usually must state the specific grounds for annulment. Once you’ve drafted the petition, you must file it with the appropriate court and pay the filing fee.
3. Serve the other party
You must have the petition or complaint personally served on the other party. This ensures that the other person knows you filed for an annulment.
In most cases, the petition for annulment can be served by a county sheriff or a private process server. Both typically charge a fee for this.
4. Discovery
After being served, you and your spouse usually have an opportunity for discovery. During this legal process, you each request and exchange information and evidence pertaining to the annulment case, such as financial or medical records.
5. Uncontested annulment
If both spouses agree to annul the marriage, you may be able to move forward with an uncontested annulment.
If the parties can’t agree to the annulment, the case proceeds to trial.
6. Trial
At trial, each side presents their evidence and argues their respective cases in court. A judge considers all evidence presented and makes a decision. If the court grants the annulment, it issues a final order declaring the marriage void.
How to prove the grounds for annulment
To successfully have your marriage annulled, you need evidence to support your claim. Below are examples of evidence that may be used to prove some of the more common grounds for annulment.
1. Fraud or misrepresentation
- Emails, text messages, financial records, and other communications or documentation showing that your spouse lied to you or misrepresented certain facts
- Oral testimony from individuals who were aware of your spouse’s fraud or misrepresentation
2. Age
- Birth certificate
- Driver’s license
- Other documentation confirming the individual’s true age
3. Mental incapacity
- Medical records
- Expert testimony from a medical professional
- Blood or breath test results if one of the parties was under the influence of drugs or alcohol
4. Existing prior marriage
- Marriage certificate
- Social media activity
- Witness testimony from the prior spouse or other individuals who were aware of the first marriage
- In some cases, a divorce decree, if the decree confirms that the divorce for the first marriage wasn’t finalized until after the second marriage took place
5. Impotence
- Medical reports confirming the condition
- Expert testimony from a medical professional
- Testimony from the other spouse regarding a lack of sexual intimacy during the marriage
What to do if the court rejects your reasons for annulment
Obtaining an order for annulment is difficult due to the number of limitations and requirements. If the court denies your petition for annulment, you may consider filing for divorce to end your marriage.
How much does an annulment cost?
The cost of an annulment varies widely depending on a number of factors, such as:
- The state in which you file
- Filing fees in your jurisdiction
- Whether you hire an attorney
- The need for expert testimony and the cost of any experts you hire
- Whether the parties participate in mediation
- Whether the other party contests the annulment
For example, the current cost to file an annulment proceeding in Colorado is $230, while the cost in California currently ranges from $435 to $450.
And if you hire an attorney, an annulment can become much more costly. Most attorneys charge an hourly rate for their time: Many family law attorneys currently charge, on average, between $225 and $310 per hour. Still, some people find it difficult to navigate the annulment process without legal help and find the cost to be worth it.
Should I get an annulment or divorce to terminate my marriage?
There’s no clear-cut answer on whether an annulment or divorce is best for any one person. You need to consider:
- How long ago you got married
- Whether you wish to seek spousal support or any shared property
- Whether you share any children with your spouse
- Your grounds for ending the marriage
Even if your situation qualifies you to file for an annulment, there may be reasons that a divorce makes more sense.
When to speak with an attorney
If certain factors existed at the time of your wedding ceremony that invalidate your marriage union, you may be able to seek an annulment to void it entirely. Although there’s no requirement that you hire legal counsel to assist with your case, having an experienced family law attorney in your corner can be a great asset. They can help you gather evidence to support your grounds for annulment, negotiate with your spouse or their attorney, represent you in court and help ensure that your rights and interests are protected at every stage of the process.
Sofie is a writer. She lives in Brooklyn.
