October 12, 2022

If you are considering filing for divorce, you likely have many questions. Do you have to go through the process of a divorce, or if you are able to end your marriage with an annulment? If you’ve only been married for a short time and have no children, you may hope that you can get out of your marriage without needing a divorce. To determine if you are available for annulment, it’s a good idea to understand how a marriage qualifies for an annulment.

What is an Annulment?

An annulment is a legal decree declaring that the marriage was void from its inception. Annulments are rare and are only granted under certain circumstances. Generally speaking, an annulment is not dependent on the length of marriage and requires specific grounds. If you are granted an annulment, you can remarry as soon as the annulment is final, and, as your marriage will be declared invalid, your spouse will have no claim on your estate or property.

What are the Grounds for an Annulment?

The grounds for an annulment are very specific. You can have your marriage annulled if:

• You and your spouse are related. Incestuous marriages are eligible for annulments, yet the requirements do vary state to state. Annulments are valid for the relationships of parent/child or stepchild, grandparent/grandchild, aunt/nephew, or uncle/niece.
• You did not have the mental capacity to enter into a contract. This usually refers to mental disability or one or both spouses being under the influence of drugs or alcohol.
• You were under the legal age when you entered into marriage.
• You were forced to enter the marriage.
• You were fraudulently induced to enter the marriage. This can refer to one spouse concealing a major issue, such as a criminal history, a child, an illness, or substance abuse.
• Your spouse was married to another living spouse at the time of the marriage.

You will need to prove the circumstances for the grounds on which you are claiming an annulment. Some are easy to prove, such as age, relations, or bigamy, but others are more complicated to prove. Meeting with an attorney can help you determine if your marriage is eligible for an annulment, and if so, how to prove those grounds.

How Long Does an Annulment Take?

The procedure for an annulment is generally the same as filing for divorce, except that a final judgment and decree can be granted 30 days after the opposing spouse has been served. Legally, it will be as though the marriage never happened. If proof is required, there may be a high degree of difficulty of legal qualification. Witnesses may be called to testify.

What is the Difference Between Filing for an Annulment and Filing for Divorce?

A divorce represents the legal end of a marriage that was once valid. After the divorce, the marriage is legally dissolved and both spouses are single. An annulment claims that the marriage is null and void, as it was never valid. In a divorce, both parties acknowledge the legality of the marriage, and neither party needs to admit fault. An annulment may be filed very shortly after the marriage, whereas some states may require a marriage to be at least a year, or that the couple live apart for a period of time. In an annulment, since the marriage was never considered valid, both spouses will revert to their financial state before marriage. In a divorce, spouses will typically split property evenly, and may be entitled to spousal support.

Divorces and annulments are legal processes that can become complicated. No matter how you are choosing to end your marriage, you will need a local, experienced attorney to help guide you through the process. If you have questions about ending your marriage, or you are beginning the process of ending your marriage, contact my office today.