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:
| 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 |
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
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.
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:
- One party seeking an annulment (the petitioner) files a petition with the court specifying the particular grounds for annulment.
- The petitioner serves their spouse with a copy of the petition, and the spouse has an opportunity to respond. The time varies by state but is typically somewhere between 20 and 30 days.
- The parties may then engage in discovery, a process through which the parties exchange information and evidence related to the annulment case.
- A hearing or trial is held, where each party has an opportunity to present evidence, question witnesses and argue their respective cases.
- The court considers the evidence and arguments presented and makes a determination regarding whether to grant the annulment.
- If the court grants the annulment, it issues an order declaring the marriage void.
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.
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.
