How to get your marriage annulled: A step-by-step guide

Annulment isn't necessarily the fastest way to end a legal marriage, but if you meet the criteria, it may be your best route to singledom.

A common misconception is that if you want to get divorced, you have the choice to have your marriage annulled instead. This is not true in most cases, even if you've only been married for a little while.

In fact, when it comes to annulment versus divorce, divorce is often easier because all states have no-fault divorce. Grounds for annulment are quite specific, and you must prove them if you want your marriage annulled.

Annulment vs. divorce

When a marriage is annulled, it's as if you were never married. The marriage ends as if it never existed, and, in some states, property is not divided. If there are children in the marriage and significant property, your state may require a division of property and a custody determination. You'll want to check to see if your state requires this.

“If you're making more money than your spouse, you may want an annulment because there's usually no alimony in an annulled marriage. Your spouse, however, could be awarded temporary alimony during the annulment process.”

If you'd rather not say you're divorced, which is a stigma in certain religions, you may want to get your marriage annulled. You still, however, must have grounds for annulment. Luckily, even if you get an annulment, any children of the marriage are still legitimate, and your children's father is still the legal father.

Learn more about the differences between annulment and divorce.

What are the grounds for annulment?

To have a marriage annulled, you'll have to prove one of the grounds for annulment. If none of these grounds exist, then you can't have the marriage annulled. The annulment requirements in most states mean you must show one of the following:

• The spouse seeking the annulment must have relied on this fraud or misrepresentation at the time of the marriage. 
• A spouse couldn't consent to the marriage because of mental incapacity, use of drugs, or use of alcohol. 
• A spouse cannot consummate the marriage, such as being physically unable or refusing to have sexual intercourse, and the other spouse was unaware of this at the time of marriage.
• A spouse was under the age of consent and didn't have permission from parents, guardians, or a court to get married.
• A spouse was coerced to marry by force or by threat of force.
• The marriage occurred as the result of a joke or a dare.
• The marriage is void due to bigamy or polygamy.
• The marriage is void due to incest.
• Concealment of major issues, including substance abuse, a felony, children from a prior relationship, a mental capacity issue, or sexually transmitted disease.

How to get an annulment in 5 steps

If you meet your state’s requirements to get an annulment, you can begin the legal process by following these steps: 

1. Consult an attorney

Annulment cases tend to be complicated, especially because each state has slightly different court procedures and rules. As a result, it’s advisable to consult a family law attorney who can guide you through the process and ensure your case is handled correctly and efficiently.

During your initial consultation, your lawyer will review the details of your marriage, the grounds for annulment, and any evidence you have. They will then provide you with an overview of the process for void marriages, potential challenges, and the timeline you can expect.

2. File a petition for annulment

Next, you can complete and file a petition for annulment with the appropriate court in your area. Also called a complaint for annulment, this document typically includes details about both spouses, the date and place of the marriage ceremony, and the specific grounds for annulment. Some states may request you submit additional court forms, such as a summons, and your lawyer will ensure you prepare accordingly.

After filing the annulment form(s), the court will determine if it meets the state’s requirements. If accepted, the court will schedule a hearing to evaluate your request and decide whether to grant the annulment. 

3. Serve papers to your spouse

In the meantime, you need to serve your spouse with the annulment papers to formally notify them of the legal action. Your attorney can assist with this process, which typically involves delivering the notice through certified mail, a private process server, or a sheriff, depending on your state’s rules. After serving the papers, you must provide proof of service to the court in order for your case to proceed. 

4. Attend a court hearing

When your hearing date comes, you and your spouse will have the chance to present your cases. You may need to provide evidence and witness testimony to support your grounds for annulment. However, your attorney will also be there to represent you, present your arguments, and respond to any questions from the judge. The court will consider all the information presented before making a decision. 

5. Obtain judgment 

If the judge rules in your favor, they will issue a decree of annulment and declare the marriage null and void. Your attorney will ensure you receive a copy of the court order and explain any additional steps you may need to take. If the annulment is denied, your attorney can advise on possible next steps, such as filing an appeal or considering other legal options. 

Is there a statute of limitations for getting an annulled marriage?

In some states, a marriage annulment time frame doesn't exist. You can file for annulment at any time in these states, although the sooner you file, the better. Other states, however, have specific time limits for voidable marriages. For example, Colorado requires you to file for annulment within six months after you discover duress, fraud, a dare, mental illness, substance abuse, or alcohol abuse.

Additionally, spouses in Colorado must seek annulment within one year of discovering the other spouse is sexually unable to consummate the marriage. Underage spouses have two years to get an annulled marriage in Colorado.

Legal and financial implications of an annulment

An annulment effectively means the marriage never existed in the eyes of the law. This differs from a divorce, which ends what will always be considered a legally valid marriage. However, despite the void marriage, any children born from an annulled marriage are still considered legitimate. In these cases, the court expects both parents to resolve any child-related issues, including custody, visitation, and child support—similar to the process for divorce proceedings. 

However, unlike in a divorce, each party in an annulment typically retains the assets and debts they brought into the marriage—but this isn’t always the case. If one party believed the marriage was legitimate, known as a putative spouse, they may be entitled to a division of property and financial support.

These complex situations underscore the need for legal advice, as an attorney can help you understand the exact financial implications of the annulment. 

If you’re looking for a convenient way to get started, LegalZoom can help you connect with an experienced family law attorney who can advise you on how to get an annulment in your state. Take the first step towards resolving your situation and schedule a consultation today.

FAQs

Still have questions about the annulment process? Here’s what other readers typically ask about: 

What is the cost of the annulment process?

The marriage annulment cost is often less than a divorce unless your spouse contests the annulment. If so, like a divorce, the cost will increase because there will be additional court appearances. Costs are always changing, as are filing fees, but you can often get your marriage annulled for a few hundred to a few thousand dollars.

Do you need to have a hearing to get an annulled marriage?

In some states, if your spouse agrees to an annulment, you may not have to go to court. An annulment in California, however, usually requires a hearing. Check with an attorney or your county clerk to see if your state requires a hearing.

What is the most common ground for annulment? 

The most common grounds for annulment is usually some form of fraud or misrepresentation. This occurs when one spouse deceives their partner about a significant matter, such as the ability to have children, a former spouse, or other critical aspects that, if they’d been known at the time of marriage, may have prevented the marriage. 

How does an annulment affect my prenup?

In many cases, an annulment overrules a prenuptial agreement and renders it void along with the marriage. Void marriages never existed in the eyes of the law, so any prenuptial agreement doesn’t apply since they often only address what happens “after” marriage. However, depending on the agreement's wording and the court's decision, specific terms related to property division and financial arrangements might still be enforceable. 

Is cheating grounds for annulment? 

Cheating by itself isn’t generally considered grounds for annulment. Courts typically grant annulments for reasons that make the marriage invalid from the start. Infidelity might be grounds for divorce or a religious annulment, but it typically doesn’t qualify for getting your marriage annulled legally.