Divorce Home » Filing for Divorce » Types

Annulment

Divorce may be the most common legal procedure for ending a marriage, but it isn’t the only option available. Under certain circumstances, marriages can be annulled by the court, depending on divorce laws in your state. 

Annulment Defined

Annulment is less common and widely understood. If a marriage is annulled, the marriage was never legal according to state laws where it occurred. The legal bodies governing that state recognize the marriage is null and void. An annulled marriage is as if the marriage never existed.

Potential Grounds for Annulment

Annulment law varies from state to state, but most jurisdictions have similar eligibility requirements that a marriage must meet to qualify for annulment:

  • Bigamy - if either spouse was already married
  • Consanguinity - if the spouses were too closely related to be married
  • Fraud or Force - if either party was coerced into the marriage
  • Age - if either spouse was too young to marry
  • Mental incompetence at the time of marriage - if either spouse was mentally ill or under the influence of alcohol or drugs
  • Physical incompetence at time of marriage - if either spouse was physically unable to consummate the marriage
  • Prison - if either spouse was sentenced to life in prison at the time of the wedding
  • Concealment - if either spouse hid a significant aspect of personality from the other spouse, such as addiction, felony conviction or STDs

Laws on annulment depend on what state you live in. Consult a local divorce lawyer to decide if annulment is an option for you.

The “Innocent Spouse” in Annulment

In some situations, the spouse not responsible for making the marriage invalid may be entitled to innocent spouse relief. Depending on the circumstances of the marriage, the innocent spouse may also get some benefits of marriage, including alimony or child support.

While illegal marriages are not valid, a legal decree of annulment may be needed to document the dissolution of the union. A local divorce lawyer will have more information about what procedures you need to follow to follow through with your annulment.

Contact a local divorce lawyer near you by filling out our divorce case review or calling 877-349-1310. Total Divorce can connect you with a divorce attorney in your area and set up a preliminary consultation today.