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.
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
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
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
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
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.
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 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.
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.
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
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
Is abandonment grounds for an annulment?
Agnes' Question: My husband and I have been married for 8 months. We went on holiday abroad to visit some of his relatives and he has decided to stay over there and not to come back home with me, saying it was over between us. Are these grounds for me to file for an annulment?
Brette's Answer: No, but you can get a divorce. Good luck
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.
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 didn't honor the marriage vows?
Veronica's Question: Can I have a my marriage annulled under the grounds that my Husband has not honored the marriage vows to love, respect and honor?
Brette's Answer: No. An annulment is only available if there was mistake or fraud at the time of marriage. Failure to live up to expectations after marriage is not a reason. You can get a divorce though, or try marital counseling.
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
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 completed 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
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.
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? How would an annulment effect my children financially, would they still be his heirs?
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. 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
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
Topic: Is mental incapacity grounds forannulment?
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. We have nothing to separate. 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
Do I qualify if my father hadto 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
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.
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.
His family pressured me to marry him
Leahanne's Question: My husband and his family believe that you need to be married if you're having a child and pressured me marriage after I found out I was pregnant. We've only been married for 9 months, and I wanted to know if I qualify for an annulment.
Brette's Answer: It does not sound as though you qualify for an annulment. An annulment is available only when there has been some kind of fraud or misrepresentation. You can certainly get a divorce though, and since you've been married for such a short time, it would likely be simple divorce. » Return to top
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
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.
Topic: Can I get an annulment if the marriage wasn't consummated?
Monica's Question: My husband and I lived together for about 7 years and have one child together. We've been married for about 2 months, but haven't consummated the marriage. How does the law apply to me?
Brette's Answer: You need to talk to an attorney to understand what your state law on annulment is. Generally an annulment is available only if there was some mistake in entering the marriage - a lie or fraud, or one person being underage or mentally ill. » Return to top
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 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
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.
