What Is Annulment
An annulment is a court order declaring that a marriage was never legally valid. Unlike divorce, which dissolves a valid marriage, annulment treats the marriage as if it never existed in the first place. This distinction matters significantly for property division, spousal support, and how you report marital status on legal documents.
Grounds for Annulment
State laws specify which circumstances allow annulment. Common grounds include:
- Fraud, deception, or misrepresentation about essential facts (pregnancy by another person, hidden substance abuse, undisclosed criminal history)
- Incapacity at the time of marriage, such as intoxication or mental incompetence
- Bigamy or prior undissolved marriage
- Impotence or inability to consummate the marriage
- Lack of mental capacity to consent to marriage
- Marriage entered under duress or undue influence
- Underage marriage without parental consent (some states allow annulment until age 18)
Time limits vary by state. California allows annulment within 4 years of discovery of fraud. New York sets a 5-year limit from the date of marriage for most grounds. Some states like Florida have no time limit for cases involving fraud. You must file in the county where either spouse resides.
Annulment vs. Divorce
The key practical difference involves how courts handle property and support. In divorce, marital property acquired during the marriage is divided according to community property or equitable distribution rules. In annulment, some states treat property as if it was never jointly acquired, though many now apply the same division principles as divorce. Spousal support in annulment cases is less common, though not prohibited. Child custody and support obligations remain identical whether the marriage is annulled or dissolved.
Filing Requirements and Process
You file an annulment petition in the family court of your county, similar to a divorce. The filing fee ranges from $200 to $500 depending on your state. You must serve the other spouse with the petition and prove grounds through testimony, documents, or witness evidence. Unlike no-fault divorce, which most states allow with simple irreconcilable differences, annulment requires proving specific factual grounds. The court will not grant an annulment simply because you regret the marriage.
Impact on Children and Custody
Annulment does not affect custody, visitation, or child support obligations. Courts apply the "best interests of the child" standard regardless of whether the marriage is annulled or dissolved. Children born during the marriage are presumed legitimate even if the marriage is later annulled. Both parents remain financially responsible for child support according to state guidelines.
Common Questions
- Can I get an annulment if we have children? Yes. The annulment status of the marriage does not change custody or support obligations. Courts treat children's needs separately from the validity of the marriage.
- How long does an annulment take? If uncontested and both parties agree, 30 to 60 days. Contested cases involving property disputes or fraud allegations can take 6 to 12 months, similar to divorce timelines.
- Will an annulment erase the marriage from my records? No. The annulment order is a court document on file. For Social Security, tax, and legal purposes, you report the annulment, not the absence of marriage. Some states allow you to petition to seal the record after a certain period.