There are lots of misconceptions surrounding what an annulment is, and when you can get one. Some people think you may get an annulment only if you haven’t “consummated” the marriage, which at best misstates a common annulment ground. Some churches offer religious annulments, which don’t affect your legal marital status. And some think there’s an annulment time frame after which you can’t have a marriage annulled.

But there’s no time limit on when you may annul a marriage. What matters is what makes the marriage annulable and what the spouses do once they are aware of why the marriage could be annulled. This article explores the grounds for annulment, when you may get one, how to get one and what happens after.

What is an annulment?

An annulment is a legal process that declares a marriage null and void, essentially erasing it from legal existence. Unlike divorce, which ends a valid marriage, an annulment determines that the marriage was never legally valid from the start. This means that in the eyes of the law, the marriage never occurred, although any children born during the union remain legitimate.

Annulments are only granted when specific legal grounds exist, such as fraud, bigamy, lack of consent, or other circumstances that made the original marriage contract invalid.

Annulment vs. divorce

While both annulment and divorce legally end a relationship, they do so in very different ways. A divorce ends a valid marriage, meaning the court recognizes that the marriage existed but has now been dissolved. In contrast, an annulment declares that the marriage was never legally valid from the start.

After a divorce, both spouses are considered formerly married, and issues like property division, spousal support, and child custody are handled based on marital laws. After an annulment, it’s as if the marriage never happened in the eyes of the law, although children from the union remain legitimate.

Because annulments are limited to specific legal grounds, such as fraud, bigamy, or lack of consent, they can be harder to obtain than divorces, which can be granted for “no-fault” reasons like irreconcilable differences

When can you get an annulment?

You may get a no-fault divorce in every U.S. state. But you may get an annulment only in specific circumstances.  

What qualifies for an annulment? Generally, you may have a marriage annulled if the marriage is “void” or “voidable.” 

Pro tip: 

Some states may use different terms to describe a legal declaration that a marriage never occurred. For example, in Texas, you “annul” a voidable marriage but request a court “declare void” a legally void marriage. Ensure you know what language your state uses.

Common grounds for marriage annulment

Most states recognize these overlapping grounds for voiding marriages:

Important note: Annulment laws vary by state. Some states allow additional grounds, such as when one spouse believed their former partner was deceased. Always check your state’s specific annulment statutes before proceeding.

Validating voidable marriages

Generally, you may annul a voidable marriage regardless of its length—unless you validate it. The following chart explores how you may validate a voidable marriage. If, after the events described, the couple voluntarily chooses to live together as a married couple, the marriage may no longer be annulled.

Living together as a married couple typically, but not universally, involves a sexual relationship. It’s also essential that the spouses live together voluntarily. For example, cohabitation may not be truly voluntary if one spouse was forced to marry the other, even if the force or threat of force is no longer present.

Void marriages: Invalid from the start

Unlike voidable marriages that require court action, void marriages are legally invalid from the moment they occur. They violate fundamental legal prohibitions and can never be recognized as valid under any circumstances.

Automatic void categories:

First cousin marriages:

Key difference: Void marriages don’t require a court order to be invalid; they never legally existed. However, obtaining a formal annulment decree is still important to document the marriage’s invalidity for legal and administrative purposes.

The annulment process and its consequences

To get an annulment, you’ll need to file a dissolution of marriage case in your local court, similar to how you would file for divorce. You must show evidence that your marriage meets your state’s annulment criteria.

Filing strategy

Some states let you request both annulment and divorce at once. If the judge finds that the marriage isn’t annulable, they can convert the case to a divorce, saving time and court fees.

Post-annulment effects

Once the annulment is granted, the law treats your marriage as if it never existed. You might not need to list it as a prior marriage on certain documents, and some prenuptial agreements may be invalidated.

However, untangling finances, property, and family life can still be complex, especially after a long marriage or if you share children.

State law variations

Some states don’t allow spousal support or property division after annulment, unlike divorce. Check your local laws to understand these restrictions before filing.

Duration considerations

While there’s no time limit on requesting an annulment, long-term marriages can be harder to annul in practice because it’s more difficult to prove you didn’t know about the defect earlier.

Choosing between annulment and divorce

Depending on the circumstances, an annulment might take longer and cost more than a divorce, or it might be quicker and cost less.

An annulment might be more efficient if:

However, a divorce may be more efficient if:

How Can a Family Law Attorney Help You Through the Annulment Process?

Navigating an annulment can be complicated, especially since state laws differ widely. A family law attorney can help you evaluate whether your marriage qualifies for annulment, gather strong evidence, and guide you through the court process.

Attorneys with Marblely can support you through each step, from reviewing eligibility and preparing documents to representing you in hearings. They help ensure your case is filed correctly, your rights are protected, and your outcome aligns with your goals.

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