Annulment in the US: Grounds, Process, and Real‑World Exampl...

Introduction

Annulment is a court process that declares a marriage legally invalid. If a judge grants an annulment, the marriage is treated as if it never existed for civil law purposes. That’s different from divorce, which ends a valid marriage. Annulment is available only in specific situations, and the rules vary by state.

This guide explains how annulments work in the United States, when they’re available, what they change (and what they don’t), and how to move a case forward. You’ll also see short case examples to make the concepts concrete.

Note: This is general information for a US audience. Always check your state’s statutes and court rules or consult a family law attorney for advice about your situation.

What You'll Learn

• How annulment differs from divorce and legal separation
• The difference between “void” and “voidable” marriages
• Common grounds for annulment in US states (fraud, bigamy, underage, and more)
• What happens to property, spousal support, and children
• Step-by-step overview of the court process and timelines
• What evidence helps prove an annulment case
• Realistic examples that show how judges analyze these issues

Core Concepts

Annulment vs Divorce and Legal Separation

• Annulment: A judge declares the marriage invalid. Under civil law, it’s as though the marriage never existed. Courts can still handle property, debts, custody, and child support.
• Divorce: Ends a valid marriage. Courts divide marital property, decide on spousal support, and set custody and child support orders.
• Legal separation: The couple remains legally married, but the court issues orders about finances, support, and custody. Some states use different terms or procedures.
• Religious vs civil annulment: Religious annulments are handled by a faith organization and do not change your legal status. A civil annulment comes from a court and changes your legal status.
• Why some people choose annulment: Possible reasons include a marriage that was never valid to begin with (for example, bigamy), time-sensitive immigration or benefits issues, or personal and faith considerations.
• Records and privacy: Some states allow sealed records in sensitive cases (such as fraud or abuse), but you must follow local rules and request this relief.

Void vs Voidable Marriages

Understanding the difference between void and voidable is key to whether you qualify for annulment and whether deadlines apply.

• Void marriages: Invalid from the start. Common examples include bigamy (one spouse already married) and incest (marriage between close blood relatives). Anyone with a legal interest can usually challenge a void marriage, and there is typically no deadline.
• Voidable marriages: Valid unless and until a judge annuls them. Grounds often include fraud, force or duress, underage without required consent, mental incapacity at the time of marriage, and sexual incapacity (impotency) unknown to the other spouse. Only the affected spouse can usually file, and deadlines often apply.
• Ratification/affirmation: Many states bar an annulment if the spouse continued to live as married after learning of the problem (for example, discovering fraud but staying together). This can “affirm” the marriage.
• Putative spouse protection: In some states, a spouse who honestly believed the marriage was valid may qualify as a “putative spouse,” allowing the court to make fair orders about property or support even if the marriage is void.

Common Grounds for Annulment in the US

Grounds depend on state law, but these are among the most common:

• Fraud or misrepresentation: A serious lie or concealment that goes to the essence of marriage. Examples: already being married, lying about the desire to have children, hiding a major criminal history, or marrying only for immigration benefits without intent to form a marital relationship.
• Impotency or inability to consummate: Sexual incapacity that existed at the time of marriage, was unknown to the other spouse, and is incurable or ongoing. States use different terms and standards.
• Bigamy: One spouse was married to someone else at the time of the ceremony. Commonly treated as void.
• Incest: Marriage between close blood relatives prohibited by law. Commonly treated as void.
• Underage marriage: One or both spouses were under the legal age and lacked valid consent from a parent/guardian or court.
• Mental incapacity: A spouse lacked the mental ability to understand the nature of marriage at the time of the ceremony. This can include severe impairment from a condition or, in some states, extreme intoxication.
• Force or duress: The marriage was the result of threats, coercion, or undue pressure.
• Procedural defects: Serious problems with the marriage license or ceremony that state law treats as invalidating the marriage.

Time limits are common for voidable grounds (often 1–4 years, depending on the ground and state). Void marriages can usually be challenged at any time, but there are exceptions and practical limits.

Key Examples or Case Studies

Doe v. Doe (Fraud and Existing Marriage)

• Facts: One spouse concealed a prior criminal record and the fact they were already married to another person at the time of the wedding.
• Ruling: The court granted an annulment, declaring the marriage null from the beginning.
• Key point: Fraud that strikes at the essence of the marital relationship, along with bigamy, supports annulment. Courts may still issue orders about property, debts, custody, and support.

Smith v. Smith (Mental Incapacity)

• Facts: A spouse was mentally incapable at the time of the ceremony and could not understand the nature of the marital commitment.
• Ruling: The court annulled the marriage, finding the spouse lacked capacity to consent.
• Key point: Capacity is assessed at the time of marriage. Medical records, witness testimony, and expert opinions often matter.

Hypothetical Example: Bigamy Discovered After the Wedding

• Facts: Spouse A learns months later that Spouse B never finalized a prior divorce. The prior marriage is still on record in another state.
• Likely outcome: Many states treat bigamous marriages as void, allowing annulment. Judges can still divide property acquired while the couple lived together and set custody and support.
• Key point: Official records (prior divorce decrees, marriage certificates) are critical evidence.

Practical Applications

How to approach an annulment case in the US:

1. Confirm eligibility

   • Identify the ground that fits your facts (fraud, bigamy, underage, etc.).
   • Determine whether your situation is void or voidable; this affects deadlines and who can file.
   • Consider whether your continued cohabitation after learning the facts could block annulment.

2. Check residency and venue

   • Most states require a spouse to live in the state for a set period before filing.
   • File in the correct county or court per your state’s rules.

3. Gather evidence early

   • Marriage documents: license, certificate, officiant information.
   • Proof of the ground: prior marriage records, texts, emails, social media posts, medical records, therapy notes, police reports, witness declarations, immigration filings, and financial records.
   • Timeline: a clear chronology helps the judge see what you learned and when.

4. File the petition

   • Use your state’s forms or a custom pleading that states the specific ground for annulment.
   • Request related orders: temporary custody, child support, use of the home, protection orders if safety is at issue.

5. Serve the other spouse

   • Formal service is required. Use a process server or sheriff if necessary.
   • Keep proof of service for the court.

6. Prepare for the hearing

   • Organize exhibits and witnesses. Label documents clearly.
   • Be ready to explain why the facts meet your state’s legal standard for the ground you’re claiming.
   • Consider subpoenas for records (e.g., prior marriage or medical records).

7. Attend mediation or case management (if required)

   • Some courts require mediation for custody issues even in annulment cases.
   • Settlement can address property, debts, and parenting plans while leaving the annulment decision to the judge.

8. The court’s decision

   • If the judge finds the ground proven, you’ll receive a decree of annulment.
   • The decree can include orders about children, property, debts, and, in limited cases, spousal support (often only under putative spouse rules).

9. After the decree

   • Update your legal documents: name change, Social Security, DMV, passports, insurance beneficiaries, and tax status.
   • Follow any custody, support, or property transfer orders.

Key considerations and common challenges:

• Time limits: Voidable grounds often have strict deadlines. Missing a deadline can force you to pursue divorce instead.
• Burden of proof: You must present clear evidence. Bare allegations are not enough.
• Property and debts: Some states try to restore each party to their pre-marriage financial position. Others may use equitable principles (especially if one spouse is a good-faith “putative spouse”).
• Spousal support: Less common in annulments, but possible under putative spouse rules or where a statute allows temporary support.
• Children: Children of an annulled marriage are legitimate. Courts handle custody and support as they would in a divorce.
• Safety: If force or duress is involved, ask about protective orders and safety planning.
• Immigration: Annulments that involve marriage fraud can have serious immigration consequences. Speak with both family and immigration counsel.
• Religious issues: A church annulment is separate. If you need both, plan the timing with your attorney and clergy.

Practical tips:

• Act promptly once you learn key facts. Delay can weaken your case.
• Keep communications and records. Screenshots and timestamps matter.
• Do not move or sell property until you understand your rights and court orders.
• If cost is an issue, check for legal aid, self-help centers, and fee waivers.

Summary Checklist

• Confirm your ground and whether the marriage is void or voidable
• Check deadlines and residency rules in your state
• Gather strong, dated evidence (documents, witnesses, records)
• File and properly serve the petition
• Seek temporary orders for custody, support, or safety if needed
• Prepare for a hearing with organized exhibits and clear testimony
• Address property, debts, and potential putative spouse claims
• Remember: children remain legitimate; custody and support still apply
• Update identification and accounts after the decree
• Get legal advice if immigration or multi-state issues are involved

Quick Reference