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Marriage Annulment
Answers From The Expert

A marriage annulment is a legal procedure that dissolves a couple's marital status by establishing that a valid marriage never existed. In effect, it nullifies the marriage, returning the parties to their prior single status.  It's a common misconception that short marriages can be annulled, but the length of the marriage is not a qualifying factor.  Generally, for a marriage to be declared invalid, one of the following grounds for annulment must be met:
 

  • One or both parties were not old enough to enter the marriage contract;
  • There exists a close blood relationship between the parties;
  • One party was still legally married when the current marriage occurred;
  • One party was impotent and unable to consummate the marriage;
  • One of the spouse's didn't have the mental capacity to enter into a marriage contract. (i.e. due to drunkenness or mental disability)
  • One of the spouses entered into the marriage under duress, threat, or force.
  • The marriage was entered into fraudulently. This may be due to the concealment of impotence, criminal history, sexually transmitted diseases, etc.

To get an annulment, a person first needs to meet the residency requirements of the state that they live in. The annulment procedure is similar to that of a standard divorce, so it's best to seek the advice of an attorney before your proceed.  The following answers may also help you understand more about your own situation.

Marriage Validity: 

Divorce vs. Annulment

Children's Issues in Annulment

Religious Annulment

How to get an Annulment

Grounds for Annulment:

Annulment and Property:

After an annulment:

 

Is this a valid marriage?

Was the marriage valid if there was a license but no ceremony?

Johana's Question: One day I was browsing through the courts of clerks and I entered my husband's name in the marriage license search. His name came up, and it states that he applied for a marriage license, however he never went back to actually get married. Is that marriage valid?

Brette's Answer:  A marriage is not valid unless the ceremony is performed and the license has been signed by the officiant and returned. You should check with the court clerk to determine the status of that license.

Is my marriage valid if there was a misspelling on the marriage license?

Theresa's Question: There is a mistake on my marriage license. Neither of my parents names are spelled as they are on their birth certificates. Is my marriage legal? I no longer wish to be married.

Brette's Answer:  It is unlikely that a minor misspelling could make the marriage invalid. Just get a divorce. Good luck.  » Return to top

Would I qualify for an annulment if my Dad performed the wedding?

Misty's Question: Could I qualify for an annulment if my Father preformed the ceremony, and signed our marriage license?

Brette's Answer:  If he was not authorized by the state to perform marriages, then yes. If this is the case, you might not even need an annulment since the marriage was never valid.

Is my marriage valid if the previous marriage was annulled?

Cheryl's Question: I have been married for 17 years. When we married, my soon to be ex told me we needed to get married before he went to court so that he could win custody. At the time, I was legally married to someone else, but later had the marriage annulled. He convinced me that that the annulment would make it as that the first marriage never existed and our marriage would be legal. Due to our age difference I totally believed him. Now he is trying to get a annulment based on the fact that we were NEVER legally married and he is trying to keep all the assets and push me aside. I'm really upset as we have 6 children together over the years.

Brette's Answer:  If you were legally married at the time of the marriage, it is eligible for annulment, even if that first marriage was later annulled. It doesn't change the fact that you were married to someone else at the time of marriage.

Assets are divided in an annulment just as they would be in a divorce. Children born into the marriage are legitimate even if the marriage is annulled. Get an attorney.  » Return to top

Do I need to get my first marriage annulled so my second is valid?

Glenda's Question: I married at 18 to a man that was 40 and was with him for twenty years. I didn't know until 20 years later that he had never divorced his first wife. After I left the marriage, I remarried a man who was 80 and he died in my arms this year.  Now because my Marriage License stated my "other married name", I am told that with the discrepancy on my marriage license to my second husband that I may not can draw his pension. What in the world can I do; get an annulment?

Brette's Answer:  You need to get an attorney to sort this out. Your first marriage was never valid if your ex was previously married and did not divorce. You need a declaration that that marriage was never valid.

Is our marriage legal if there was a no-contact order when we married?

Ann's Question: If there is a no contact order between two people in one state and they go to another state and get married, is that a legal marriage? If so, could the marriage be annulled?

Brette's Answer:  A no contact order does not mean you cannot marry. After all, if you are both in agreement it is possible to get such an order lifted. However if an order such as this was in place, it provides a good argument to show the marriage was not consensual - that some kind of force or threat was involved, so that would be grounds for an annulment. » Return to top

 

Annulment vs. Divorce

Topic: Should I get a divorce or an annulment?

Jennifer's Question: I don't know if a should get a divorce or an annulment? We've been married for six months and have no assets together, no kids or anything that would need to be divided.  If I have to talk to a lawyer, does it usually cost just to get some answers to some of my questions.

Brette's Answer:  To get an annulment, you must meet some very specific criteria. If you don't qualify for this, you should be able to do a simple uncontested divorce. Most attorneys offer a free consultation where they will discuss the generalities of your case and how they think it would be best to proceed. Since you've been married for such a short time, the property settlement should be relatively easy.  Call and get a free consultation or find out if there are free or no cost legal services available (call the bar association and ask). Good luck.  » Return to top

My husband filed for divorce before I could file for an annulment

Rachelle's Question: I am in the process of filing for an annulment due to fraud (undisclosed illegal status prior to marriage) my husband has filed for a divorce prior to my getting my annulment papers filed....what do I do now?

Brette's Answer:  Go to the next court date and ask to have the proceedings combined into the annulment proceeding (by dismissing the divorce), or ask to have the divorce converted to an annulment proceeding. Just explain to the judge what is going on.

Is an annulment possible after you've been divorced?

Kathy's Question: I was divorced thirty years ago, now my ex-husband wants an annulment. Is this possible? 

Brette's Answer:  Since you are already legally divorced, I am assuming he is asking for a religious annulment. If your ex wants to marry again in the Catholic church, he will need this. You should consult your clergy about any questions you have and to understand how the process works.  » Return to top

 

Children's Issues in Annulment

Would a child of an annulled marriage be considered illegitimate?

Elizabeth's Question: If a lady was 3 weeks pregnant before she got married, but got an annulment due to fraud, is the child illegitimate?

Brette's Answer:  All children born during marriage are considered legitimate. It doesn't matter when the pregnancy began. An annulment has no effect on the legitimacy of children born into the marriage.

How is custody and support affected by an annulment?

Kristen's Question: My marriage is being annulled due to bigamy.  What would happen with the child support issues and custody issues?  Is it treated any differently than it would be if we got a divorce?

Brette's Answer:  It really makes little difference whether you end up with a divorce or an annulment. Either way, the court must decide issues of custody and child support. And should you get an annulment, your child is still considered "legitimate".  » Return to top

Would an annulment affect his parental rights if he isn't the father?

Melinda's Question: I got pregnant by another man who left me when he found out he was to be a father. When I was seven months along, my husband and I decided to get married so the child could have a father. My daughter is now four months old and he wants out. If we able to get an annulment, what happens to him for assuming parental rights?

Brette's Answer:  An annulment has no impact on parental rights. In this case the child is presumed to be his since any child born into a marriage is legally the child of both parents. If he does not want to continue to be her father, he can initiate a paternity case. If you don't want him to be the father, you can do the same thing.

How would an annulment affect my children financially?

Kathy's Question: How would an annulment effect my children financially, would they still be his heirs?

Brette's Answer:  In general an annulment does not mean your children are illegitimate. It has no financial effect on your children and has no impact on inheritance. » Return to top

 

Religious Annulment

How do I get a religious annulment?

Laura's Question: We are in the process of getting a divorce after almost 23 years. I would also like to start my religious annulment.  Do you know how long an annulment takes and if there are classes I must take? Are there religious attorneys you can hire to help get an annulment?

Brette's Answer:  Contact your priest for information about a Catholic annulment. It can be a long process, but there are advocates who can help you through the process. There are no classes, but a bureaucracy that it must wind its way through. You can find out more about getting a religious annulment at www.churchannulment.com.

Can I contest a religious annulment?

Robin's Question: My ex husband and I were married for almost 25 years. We've been divorced for 1 year now. He's dating a much younger girl and she wants to get married in the catholic church. He's looking into an annulment, but I don't feel he deserves to be granted one. He is not a stand-up guy and shouldn't be considered as such in the Catholic church. How can I contest the annulment?

Brette's Answer:  You need to consult with your priest about the annulment process. Good luck.

Does a religious annulment legally end my marriage?

Lili's Question: If I had a religious annulment and remarried, is the second marriage valid? 

Brette's Answer:  No. A religious annulment does not legally annul or end your marriage. Good luck.

Am I considered divorced or single if I got a religious annulment?

Tina's Question:  I've been divorced since 1980 and my marriage was annulled within the Catholic Diocese.  When a question appears on a government form for tax purposes, should I check off "Divorced" as my status or am I able to check off "Single"?

Brettes' Answer: Unless you received an annulment from your state, you are legally divorced. A church annulment is a completely different situation.  

Is being gay grounds for an annulment?

Yvonne's Question: My fiance's marriage ended 11 years ago when he found out that his wife of 8 years was a lesbian and having an affair with the live in babysitter. We want to get married and he is divorced, but we can't marry in a church unless the marriage is annulled. Does he have grounds for annulment?

Brette's Answer:  A religious annulment is an entirely different thing than a legal annulment. He needs to talk to a priest about the steps and requirements, which are vastly different than a legal annulment.

 

How to get an annulment

Should I get an annulment right after the marriage?

Michelle's Question: I am getting married in 2 weeks. I am not in love with the person I am about to marry, but I feel so much pressure from my family to marry him. Can I get an annulment right after the marriage? 

Brette's Answer:  If you do not want to be married it is much simpler and less expensive to put a stop to it now. Any legal proceeding - divorce or annulment will cost additional money. You might consider seeing a therapist who can help you determine what you really want. You could postpone the wedding until that point.

What is the time limit to be able to get an annulment?

Julia's Question:  How long do you have after you get married to get an annulment?

Brette's Answer:  There is no time limit, however most people who do get annulments tend to get them within the first year. » Return to top

Is it possible to get a free annulment?

Moni's Question: Can I get a no-cost annulment?

Brette's Answer:  Annulments are not free. Like any other court procedure, there are filing and court fees. These can be waived if you can prove you are indigent.  If you use an attorney, you will pay an hourly rate. Consult an attorney about what your options are. » Return to top

Topic:  Annulment Paperwork

Dorothy's Question:  I want to get an annulment with the basis of fraud, however I don't know if I can do it myself or if I need a lawyer. I never lived with my husband and I believe he married me just to get a legal status in the US. If I file for annulment under fraud, how will this affect him? (I don't want to make it a big mess either)

Brette's Answer:  I would suggest you see an attorney. An annulment is not as common a legal proceeding as a divorce, so you should have some legal counsel. There are some attorneys that are willing to help you prepare documents yourself for a reduced fee, so you may be able to find someone who will work in that kind of arrangement. » Return to top

Which state should I file for an annulment in?

Question: I want to annul my marriage. But we live in California and got married in Hawaii.  How do I file in this situation and can he contest the annulment?

Brette's Answer:  You file in the state of your residence. Yes, he can contest the annulment.

Can he file for an annulment without my knowledge?

Barbara's Question: Can my husband file for annulment without my knowledge? 

Brette's Answer: No. You must receive notice of the proceeding.

Can I contest an annulment?

Becki's Question: Can my husband just get annulment if I don't want it? We've only been married 5 months.

Brette's Answer:  If your husband seeks an annulment and your situation meets the state requirements, the court can grant it over your objections. The length of the marriage is irrelevant.

Can I get a marriage annulment if my husband has been deported?

Susan's Question: Can I get an annulment if my husband has been deported?

Brette's Answer:  The problem is whether he can be given adequate notice of the proceeding. Talk to an attorney who can discuss your state's laws. » Return to top

How can I get my marriage annulled if I don't know where he is?

Question: I found out on my wedding night that my husband was gay, and I haven't seen him since (it's been 8 years).  Can I get the marriage annulled, and how do I proceed if I can't find him?

Brette's Answer:  If you can't locate him, the court will allow service by publication - a notice in the newspaper. This does sound like grounds for annulment.

How can I get a copy of his first marriage certificate for my annulment?

Jasyln's Question: My husband is legally married to another woman, and I was told that I couldn't get an annulment unless I have a copy of his first marriage certificate.  How do I get this? 

Brette's Answer:  Marriage certificates are public record. Find out where they got married and go get it.  » Return to top

Can I still get an annulment if he divorces his first wife?

Kathie's Question: I just filed for an annulment because I found out that my husband is still married. The day before I filed for the annulment, he filed for a divorce from his first wife. Will I get my annulment if he gets his divorce first?

Brette's Answer:  It doesn't matter if he gets a divorce. He was legally married at the time of your marriage and your marriage is not valid.

Can I annul my daughters marriage if I was the one who signed for them to get married?

Samantha's Question: I signed for my 17 year old daughter to get married, and now realize that it was a big mistake.  Can I, being her mother, get an annulment, even if neither of them want to have the marriage annulled?

Brette's Answer:  No, you can't. You consented to the marriage and it is legal. Good luck.

Can his family file to have our marriage annulled?

Ronnie's Question: My husband and I got married in April, and we are in the process of moving in together right now. He is 88 and I am 28.  I am afraid that his family will try to have the marriage annulled. He has never been declared incompetent, and neither one of us want to annul the marriage, but I'm afraid his family may try. Can they do that?

Brette's Answer: His family cannot annul the marriage unless they are named guardians for him by the court due to incompetency or if he signs over power of attorney to them. If he is not incompetent and he has not given them this power, they cannot annul the marriage. I suspect his family will be most concerned about his estate. If he intends to name you as his primary beneficiary, they may attempt to challenge it should he pass away. He needs a good estate attorney who can create a solid will with solid proof of his competency.  » Return to top

 

Grounds for annulment

Topic: Length of Marriage

Kimberly's Question:  My husband and I were married four months ago. There were issues in the relationship on both sides before our marriage, and unfortunately the issues still remain. We can't seem to agree when it comes to his child from his previous marriage. I am wanting an marriage annulment if possible. I heard you could get that if you have been married less than 1 year.

Brette's Answer:  An annulment has nothing to do with the time period. It is all about the reason for the annulment. Annulments are normally granted when one of the parties was underage at the time of marriage and proper consent wasn't obtained or when there was some kind of fraud involved. This means one party said things that weren't true to get the other person to enter the marriage. Other grounds for annulment would include mental illness, intoxication, impotency (inability to consummate the marriage) or because the parties are related.  You should consult an attorney who can advise you if you qualify.  » Return to top

Can I get an annulment if the minister didn't use his legal name?

Mary's Question: I was married nine months ago and am now considering an annulment. Our minister and two witnesses that signed our marriage license used their baptismal names instead of their legal names. Would this be strong grounds to receive an annulment?

Brette's Answer:  No. An annulment has to do with fraud or mistake on the part of the parties. You should see an attorney to discuss your options.

He didn't tell me everything before we got married.  

Janee's Question:  I recently found out that my husband is HIV positive. I believe he knew about his condition when we got married, but didn't tell me because I wouldn't have married him. Can I get an annulment?

Brette's Answer:  Fraud is a reason for annulment. If he knew and didn't tell you, it's most likely a grounds in your state. Check with an attorney to be sure.» Return to top

Is fraud after the marriage grounds for an annulment?  

Stephanie's Question: I have been married to my husband for 2 years, and I want to file for an annulment. I recently discovered that just 4 months after our wedding, he co-signed a mortgage for a co-worker, and never disclosed it to me. I only found out because there are now foreclosure proceedings against my husband and his co-worker. Would I be able to file an annulment based on fraud? Or is that impossible, since this occurred after our wedding?

Brette's Answer:  Annulments are based on things that happen before or at the time of the marriage. You can certainly file for divorce. You need to be aware however that this debt is a marital debt since it was incurred during marriage. You need to get an attorney.

Can I get an annulment if he concealed things from me?

Dianne's Question: I got married 10 months ago, and just now found out of my husband extensive criminal record, involving fraud, back child support payments, bad checks, assault, tickets and DUI's against him. There may be more - I'm numb right now. First, our names are not together on any assets, and I haven't even changed my name to his. Am I now legally responsible for his debt? Can I file for an annulment? Does 'stupid' wife not being aware of all this stand in my favor at all?

Brette's Answer:  It sounds like you might be a good candidate for an annulment. Talk to an attorney. If you get an annulment, you won't be liable for the debts. » Return to top

Can I get an annulment if he's married to a woman outside the US?

Linda's Question: My husband is married to another woman outside the US. Could we get out marriage annulled because of this?

Brette's Answer:  Yes, if the marriage is a legal marriage in that country it is recognized by the US as a legal marriage.

Can I get an annulment if he married someone during our separation?

Jennifer's Question: My husband traveled overseas without me, and it has been over three years since I have seen or heard from him. I heard from an acquaintance that he had remarried. Do I qualify for an annulment? If not, how do I get divorced quickly?

Brette's Answer:  You do not qualify for an annulment because he married again. You can file for divorce on your own. You will have to attempt to give him some kind of notice. Consult with the court clerk. It sounds like notice by publication might be the way to go, but you need to attempt to give notice first then get court approval for notice by publication.

Topic: Is mental incapacity grounds for annulment?

Tammy's Question: I was married 5 months ago. However, during the brief length of our courtship and our marriage (and recently afterwards) I was heavily sedated on prescription pain medications. I was extremely mentally incapacitated because of the medication, and there was never any time that I knew him that I was sober. I would have in no way formed a relationship with this man outside of the influence of these drugs I was put on. We never lived together and he moved back to his home country two weeks after we were married. Do I qualify for a marriage annulment?

Brette's Answer:  It does sound like you would qualify for an annulment. You need to talk to to an attorney to determine where to file. Good luck. 
» Return to top

He just married me to get his green card.  

Janet's Question:  After being married for less than a month, my husband confessed that he had only married me so that he could get a green card.  Is this grounds for an annulment?  

Brette's Answer:  It certainly sounds like grounds for an annulment. Talk to an attorney.

Can I get an annulment if I felt forced to marry him?  

Wanda's Question:  I got married 2 months ago. We were being accused of fratanization and decided to get married prior to the investigation. I realize now I was under pressure and rushed due to the investigation. Can my marriage be annulled?

Brette's Answer:  If you didn't enter into the marriage of your own free will, then you qualify. You should talk to an attorney who can discuss the entire situation with you.   » Return to top

Can I get an annulment if the marriage wasn't consummated?

Laura's Question:  My husband and I got married about 3 months ago and never consummated the marriage. We have never been in love and we got forced to get married. Do I qualify for an annulment?

Brette's Answer:  If you truly were forced to marry and it was not consensual, then yes, you qualify.  » Return to top

Can I get an annulment if he was using someone else's name?

Question: I have been married for 5 years and separated for 2. I just found out that he has been lying to me from the start. He was an illegal immigrant, and I also found out that he was using his deceased brother's name. Would that be grounds for an annulment?

Brette's Answer:  Yes, sounds like you could get an annulment. Talk to an attorney. 

Is abandonment grounds for an annulment?
Is infidelity grounds to annul the marriage?
Can I get an annulment if he didn't honor the marriage vows?
Can I get an annulment if he changed his mind about having kids?
Can I get an annulment if we fight all the time?

Brette's Answer:  No. An annulment is only available if there was mistake or someone committed fraud at the time of marriage. What happens *after* you are married has nothing to do with it. Too many people misunderstand this. I get lots of questions from people who have problems after the marriage and think that they can get an annulment. Problems arise and people change their minds and it doesn't mean you can get an annulment. Failure to live up to expectations after marriage is not grounds for an annulment. You can get a divorce though, or try marital counseling.  » Return to top 

Topic: Is abuse grounds for marriage annulment?

Kallie's Question: I have been married for 4 month and a month ago my husband physically abused me. We have been separated for a month now. Can I have my marriage annulled?

Brette's Answer:  There are two kinds of annulments. There is a legal annulment and a religious annulment. A legal annulment can happen when the marriage was not valid at the time it was entered into, either because one of the parties was underage, mentally ill, or because fraud was involved, or if one of the parties lied to other about an important fact, such as the ability to have children. The fact that abuse happened after the marriage by itself is not likely to be enough to obtain an annulment. A religious annulment is available through your church and you must meet whatever requirements are set through church doctrine. Good luck.
» Return to top

Do I qualify if my father had to sign for me to get married?

Danielle's Question: I was barely 20 years old when I married, and I had to have my father's signed consent to apply for a marriage license. I've tried to make it work for 4 years and realize that it's impossible. Can I now consider an annulment instead of a divorce, considering my age at the time of marriage?

Brette's Answer: If you fulfilled legal requirements by having a parental signature, an annulment is not an option.» Return to top

Property Issues and Annulment

Is he entitled to my settlement if our marriage is annulled

Shannon's Question: I was only married for 3 months. We had no assets, but I had gotten a settlement check from an accident 3 months before we go married, (I believe this was why he asked me to marry him). Can I get the marriage annulled, and his he legal entitled to "my" money?

Brette's Answer:  You can get an annulment only if you meet annulment requirements - such as some kind of fraud or mistake at the time of marriage. Anything you had before marriage is separate property and cannot be claimed by him.

Issues after annulment

Can I claim my marital status as single if I got an annulment?

Oz's Question: I got my first marriage annulled. Do I have to declare that marriage when I get married again or can I declare my status as single (with no history whatsoever)?

Brette's Answer:  If a marriage is annulled that means it did not legally exist and does not count as a marriage. Good luck.

Topic: Marriage after annulment

Estela's Question: The day I got married, I found out that my husband was still married to his ex-wife. I understand I qualify for an annulment and have just started the process. My current boyfriend and I want to get married in the next month.  Do I have to wait for the annulment to be finalized?

Brette's Answer:  Unless you want to make the same mistake your soon-to-be ex made, yes, you have to wait for the annulment to be final before you can get married.  » Return to top

Can I get engaged before my annulment is complete?

Polly's Question: I filed for an annulment based on fraud and it is in the process. I understand that I cannot get married right now, but can I get engaged even though my annulment is not completed yet?

Brette's Answer:  There is no legal restriction on engagement. Good luck.

How soon can I remarry after an annulment?

Anne's Question: After I get my marriage annulled, when can I marry again, or do I need to wait a little while?

Brette's Answer:  Legally, you can remarry as soon as you wish. Practically speaking, it might make sense to take some time and get your head together.

Do I need an annulment to remarry him so that our marriage is valid?

Sharon's Question: I was married in Las Vegas to my husband. Four years later, I found out he was still married to his first wife, but she filed for a divorce and it was finalized that same year. My husband and I are still together. Do I need an annulment to remarry him, or can I remarry him without an annulment?

Brette's Answer:  You need an annulment. Good luck.

Can I get remarried to my husband if my marriage gets annulled?

Oreana's Question: My parents want me to get my marriage annulled because I apparently was too young when I married and did not get their consent. If I get my marriage annulled, can we remarry later on in life? 

Brette's Answer:  To answer your question, you are free to remarry a person you got an annulment or divorce from. I'm not sure why you want to get an annulment if you just plan to marry each other again. That seems like a waste of time and money. Even if a marriage is eligible for an annulment, it is not invalid until a court declares it so. If you have no intention of ending your marriage, why would you go through this process? » Return to top

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Brette Sember is a former family and matrimonial attorney and mediator, nationally recognized expert, and author of many books including The Divorce Organizer & Planner, No-Fight Divorce, and How To Parent With Your Ex. For more information about Brette, see www.BretteSember.com.

This column provides general information about the various aspects of divorce.  It is not intended to take the place of legal counsel and should not be considered personal legal advice.  For specific recommendations concerning your situation, please retain experienced legal counsel.  WomansDivorce.com and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice.

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