Annulment
Published on August 21, 2025 · 2 min read
What is annulment?
An annulment is a legal process declaring a marriage invalid from the start, as if it never existed. Unlike divorce, which ends a valid marriage, an annulment treats the marriage as void or voidable due to specific legal grounds. Annulments are less common than divorces and are typically granted only under certain circumstances defined by state law.
Common grounds for annulment:
Fraud or misrepresentation (e.g., lying about the ability to have children)
Bigamy (one spouse was already married)
Incest (marriage between close relatives)
- Mental incapacity at the time of marriage
- Coercion or lack of consent
- Underage marriage without proper legal approval
Key elements of annulment
Legal effect: An annulled marriage is considered legally null, meaning it was never valid in the eyes of the law.
- Void vs. voidable marriages: A void marriage is never legally valid (e.g., bigamy), while a voidable marriage can be annulled by court order under certain conditions.
- Time limits: Some states have deadlines for requesting an annulment, especially for voidable marriages. Acting quickly is important.
- Spousal support and property division: While annulments can affect legal rights differently than divorce, courts may still address financial matters, child custody, and support as needed.
When annulment might be appropriate
Annulment is often chosen for religious, cultural, or legal reasons, especially when one or both parties want to avoid the legal or emotional implications of divorce. It may also be used when someone discovers serious issues shortly after the marriage begins.
Because the legal requirements for annulment vary by state and are more limited than those for divorce, it can be helpful to consult a family law attorney to determine if your situation qualifies. Divorce may still be available as an alternative legal route if annulment isn't possible.
