When a marriage doesn’t work out the way you expected, you might think of divorce. But have you considered a Marriage Annulment? Many people don’t realize annulment is a distinct legal path — one where the marriage is treated as though it never legally existed.
If you’re navigating marital issues and wondering whether annulment might be an option, this guide will walk you through the what, why, how, when and where of Marriage Annulment in the USA.
Table of Contents
What is a Marriage Annulment?
A Marriage Annulment is a legal court order that declares the marriage invalid from the start — meaning that in the eyes of the law, the marriage never legally existed.
This differs from a divorce, which ends a legally valid marriage. With annulment, you’re saying: something fundamental was wrong with the marriage from the beginning.
Why choose Marriage Annulment instead of divorce?
Here are key reasons people opt for annulment:
- You believe the marriage was never legally valid (rather than just failing).
- You may wish to avoid some of the consequences of divorce (alimony, property division) — though annulments are still complex.
- You want clarity that the bond was never valid (this can matter for religious reasons, future marriage, etc.).
That said: annulments are harder to get than divorces because you must prove a specific legal ground.
What qualifies a marriage for annulment? Valid reasons.
Not all marriages can be annulled — only those where certain defects existed at the start. Grounds fall into two broad categories: void marriages (invalid from the outset) and voidable marriages (valid until a court declares them invalid).
Common grounds for Marriage Annulment
Here are frequently invoked reasons (exact rules vary by state):
- Bigamy/previous undissolved marriage: One spouse was already legally married.
- Incest or prohibited relationship: The spouses are closely related in a way prohibited by law.
- Underage marriage: One or both were below the legal age to consent or without required parental/court consent.
- Lack of capacity to consent: Due to mental incapacity, intoxication, drugs or duress/coercion.
- Fraud or misrepresentation: One spouse was deceived about something essential (e.g., ability to have children, identity, intent).
- Impotence / inability to consummate (in some states): One spouse is permanently unable to engage in sexual relations, unknown to the other at time of marriage.
- Defect in form or ceremony: E.g., officiant not authorized, required legal steps not taken.
How do you get a Marriage Annulment? The process.
Here’s a general roadmap for the annulment process in the U.S.:
- Determine eligibility: Confirm you meet your state’s grounds for annulment (see above).
- File a petition in the appropriate court: You’ll need to file a formal “Petition for Annulment” (or similar) in the family or superior court of the jurisdiction where you or your spouse live (or where you were married).
- Provide evidence: Because you’re arguing the marriage was invalid from the start, you’ll need proof of the grounds (fraud, incapacity, etc.).
- Notify the other spouse / serve process: Unless you’re filing jointly, the other spouse must be notified and may contest.
- Court hearing / order: The court will review the facts and decide whether to grant the annulment. If granted, you receive a court order declaring the marriage null.
- Effect on property / children: Depending on state law, property division, spousal support, custody and child support may follow different rules than in divorce.
What’s the longest you can be married and still get a Marriage Annulment?
There is no national uniform time-limit for how long you have to be married before you file for a Marriage Annulment — because eligibility depends on grounds, not duration.
As one law article puts it: “The length of a marriage does not factor into determining whether or not spouses can obtain an annulment… Unless you can meet one of the grounds for obtaining an annulment.”
However: many states impose statutes of limitation for specific grounds (e.g., you learned of fraud, you were underage, etc.).
For example, in Illinois certain grounds must be filed within 90 days, one year, or three years depending on the basis. So while there’s no blanket “one year” rule nationwide, the time you wait can affect eligibility.
Marriage Annulment vs. Divorce
Here’s a handy comparison:
| Feature | Marriage Annulment | Divorce |
|---|---|---|
| Legal effect | Marriage declared never valid → treated as if it never existed. | Marriage was valid and is now ended. |
| Grounds required? | Yes — specific grounds must be proven. | Often “no-fault” available (depends on state). |
| Impact on property/spousal support | May differ—some states limit spousal support or property division in annulment. | Typically full property division and support/maintenance rules apply. |
| Timeframe & eligibility stricter? | Yes — tighter rules, less common. | More common, generally straightforward. |
| Religious vs civil? | Religious annulment (e.g. in the Catholic Church) is separate from civil annulment in court. | Divorce is civil; religion may also recognize it separately. |
Marriage Annulment & the Catholic Church
If you’re part of the Catholic Church (or were married in a Catholic ceremony), you may also explore a canonical nullity (commonly called a “Catholic annulment”). This is not the same thing as a civil annulment — it concerns sacramental validity of the marriage under Church law.
Catholic grounds
In canon law, a marriage might be declared null if any of the following are lacking at the start:
- Capacity: One party lacked the ability (e.g., due to age, previous bond, impotence) to validly enter marriage.
- Consent: One or both did not freely exchange valid consent (due to fraud, force, mistake about person or marriage, psychological inability).
- Form: The marriage did not follow the required canonical form (when required) or certain required promises were missing.
If you obtain a civil annulment and then want Church recognition, you’ll typically need to apply to a diocesan tribunal; the criteria and process differ from civil law and you may even obtain a Church decree of nullity separate from (or after) your civil case.
So, can a Marriage Annulment happen if the marriage was not consummated?
Yes — in many states and under certain circumstances, inability to consummate (sexual relations) is an eligible ground for annulment (especially if the other spouse didn’t know about the inability).
Still, you’ll need to check your specific state statute — and the inability must be permanent and usually unknown at the time of marriage.
Marriage Annulment in Colorado
If you married in Colorado (or live there), law is clear: you may file for an annulment if you can show your marriage was not valid (e.g., your spouse was already married, bigamy).
Key points for Colorado:
- If you got married in Colorado, you may start your case immediately.
- If you married elsewhere, you or your spouse must live in Colorado for at least 30 days before filing.
- File your petition in the district court of the county where you or your spouse lives.
This makes Colorado a practical state for annulment filings, but you still must meet invalidity grounds.
What about forming and time-frames for the petition
(Marriage Annulment form & deadlines)
- Many states require you to file specific forms titled something like “Petition for Declaration of Invalidity of Marriage” or “Petition for Annulment.” Your local court clerk or self-help center can provide the correct form.
- Time-limits vary dramatically depending on the ground: e.g., for under-age marriages in Illinois you must file before the minor spouse turns 18; for someone who was mentally impaired or under duress, you might have 90 days after you learn of the condition.
- Some grounds (like bigamy or incest) may allow you to file at any time because the marriage was void from the start.
Because of these nuances, it’s important to act quickly when you discover a possible ground for annulment.
Tips & things to watch out for when considering a Marriage Annulment
- Gather documentation early: Proof of age, prior marriage, fraud, incapacity, notarized statements, etc.
- Don’t ratify the marriage inadvertently: Continuing to live together, represent yourselves as married, or fail to act when you become aware of a defect may hurt your case.
- Check your residency requirement and jurisdiction: Each state has different rules about where you can file and how long you need to live there.
- Consult legal help: Even though annulments might seem “simpler” than divorce, they often require proof and can be more complex.
- Understand the religious side: If you were married in the Catholic Church and want a Church annulment as well, that’s a separate process (and does not automatically go away with a civil annulment).
- Be realistic about consequences: Some states limit spousal support or rights in an annulment; property rights may differ from divorce.
- Time is important: Some grounds impose strict deadlines to file after discovering the defect. Delaying may close off the option.
Summary
If you’re asking “Does a Marriage Annulment make sense for me?” then here’s a quick checklist:
- Do you believe the marriage was flawed from the beginning (versus just failing later)?
- Can you identify a specific legal ground (fraud, incapacity, underage, bigamy, inability to consummate, etc.)?
- Are you within the deadline (if your state imposes one)?
- Are you comfortable gathering documentation and going through court proceedings?
- Do you understand how the annulment (rather than divorce) will impact your property, child support/custody, spousal support and any future marriages (civil or religious)?
If you answered “yes” to the above, then exploring a Marriage Annulment may indeed be appropriate for your situation. It’s a powerful legal tool—but one that must be used with care, correct timing, and clear legal grounds.
Official government/legal sources you may want to bookmark
- American Bar Association — “Annulment” overview.
- Judicial Branch of Colorado — “Annul or Cancel a Marriage” (Colorado).
- Illinois Legal Aid Online — “I Want My Marriage Annulled” (Illinois).
- California Courts — Annulment basics & legal reasons.
- Cornell Law School Wex-Legal Information Institute — definition of annulment.
We hope this guide offers clarity on Marriage Annulment, gives you confidence to explore your options, and encourages you to bookmark and save the resources for future reference.
| State | Common annulment grounds (typical) | Typical filing-deadline / note | Official state source to check |
|---|---|---|---|
| Alabama | Bigamy, underage without consent, fraud, incapacity, duress | Varies by ground — some void marriages may be attacked anytime; voidable grounds often limited. | Alabama courts / statutes (state judiciary/self-help) |
| Alaska | Bigamy, incest, underage, lack of consent, fraud | Some grounds treated as void; check Alaska Court System family law pages. | Alaska Court System — Family Law / forms |
| Arizona | Bigamy, underage, fraud, impotence, incapacity, defect in ceremony | Residency requirement may apply (e.g., 90 days); deadlines vary by ground. | Arizona Superior Court / county self-help pages |
| Arkansas | Bigamy, fraud, duress, incapacity, underage | Some grounds voidable; check Arkansas statutes and court forms. | Arkansas Judiciary / statutes |
| California | Bigamy, underage, fraud, incapacity, impotence/non-consummation, defect in form | Deadlines depend on ground; bigamy/incest usually void anytime. | California Courts — Annulment (Self-Help) |
| Colorado | Bigamy, fraud, underage, incapacity, impotence | Residency rules: if married elsewhere, 30-day residency for filing; check district court. | Colorado Judicial Branch — Annul or Cancel Marriage |
| Connecticut | Bigamy, underage, fraud, incapacity, duress | Varies; some ground specific statutes and case law. | Connecticut Judicial Branch / family court pages |
| Delaware | Bigamy, fraud, incapacity, underage | Void vs. voidable distinction applies; check state law. | Delaware Courts / statutes |
| Florida | Bigamy, underage, fraud, incapacity, impotence | Florida distinguishes void and voidable marriages; check statute chapters. | Florida Courts / Florida Statutes (family law) |
| Georgia | Bigamy, underage, fraud, incapacity, incest | Some grounds can be attacked anytime (void); others limited. | Georgia Judicial Branch / statutes |
| Hawaii | Bigamy, underage, fraud, incapacity, impotence | Deadlines vary; check Hawaii court self-help. | Hawaii State Judiciary — family law resources |
| Idaho | Bigamy, underage, fraud, incapacity, impotence | Some grounds allow filing at any time; others limited. | Idaho Courts / family law forms |
| Illinois | Bigamy, underage, fraud, incapacity, impotence | Illinois has specific time frames per ground — check IL Legal Aid guidance. | Illinois Legal Aid / state statutes |
| Indiana | Bigamy, fraud, underage, incapacity, impotency | Void marriages (bigamy, incest) may be attacked any time; voidable have limits. | Indiana Courts / statutes |
| Iowa | Bigamy, fraud, underage, incapacity, impotence | Check Iowa Code & court self-help for deadlines by ground. | Iowa Judicial Branch / family law |
| Kansas | Bigamy, fraud, underage, incapacity, impotence | Varies by ground; see Kan. statutes and court forms. | Kansas Courts / family law resources |
| Kentucky | Bigamy, fraud, underage, incapacity, impotence | Check Kentucky Revised Statutes for specific limits. | Kentucky Court of Justice / family law |
| Louisiana | Bigamy, fraud, underage, incapacity, impotence | Louisiana civil code details annulment grounds and timing. | LA State Courts / civil code |
| Maine | Bigamy, underage, fraud, incapacity, impotence | Some grounds void at any time; others limited. | Maine Judicial Branch / family law |
| Maryland | Bigamy, underage, fraud, incapacity, impotence | Statute and case law govern; check Maryland Courts. | Maryland Courts — family law info |
| Massachusetts | Bigamy, fraud, underage, incapacity, impotence | Distinguishes void vs. voidable — see Mass law. | Massachusetts Court System / laws |
| Michigan | Bigamy, fraud, underage, incapacity, impotence | Some grounds have specific deadlines; check MI statutes. | Michigan Courts / family law forms |
| Minnesota | Bigamy, underage, fraud, incapacity, impotence | Void marriages (e.g., bigamy) may be attacked at any time. | Minnesota Judicial Branch — family law |
| Mississippi | Bigamy, fraud, underage, incapacity, impotence | See Mississippi Code and court self-help. | Mississippi Judiciary / statutes |
| Missouri | Bigamy, underage, fraud, incapacity, impotence | Void vs. voidable distinctions—check MO statutes. | Missouri Courts / family law resources |
| Montana | Bigamy, underage, fraud, incapacity, impotence | Review Montana Code / court forms. | Montana Courts / statutes |
| Nebraska | Bigamy, underage, fraud, incapacity, impotence | Deadlines vary by ground; check Neb. law. | Nebraska Judicial Branch / family law |
| Nevada | Bigamy, fraud, underage, incapacity, impotence | Nevada law distinguishes void and voidable marriages. | Nevada Judiciary / statutes |
| New Hampshire | Bigamy, fraud, underage, incapacity, impotence | Some grounds may be pursued any time; others limited. | NH Judicial Branch / family law |
| New Jersey | Bigamy, fraud, underage, incapacity, impotence | NJ statutes and court rules apply — check court pages. | New Jersey Courts — family section |
| New Mexico | Bigamy, fraud, underage, incapacity, impotence | See NM statutes and judicial self-help. | New Mexico Courts / family law |
| New York | Bigamy, fraud, underage, incapacity, impotence | NY distinguishes void vs. voidable — check Domestic Relations Law. | New York Courts / NYLaws |
| North Carolina | Bigamy, fraud, underage, incapacity, impotence | Look to NC statutes and court rules for timing. | NC Judicial Branch / family law |
| North Dakota | Bigamy, fraud, underage, incapacity, impotence | Check ND Century Code and courts. | North Dakota Courts / statutes |
| Ohio | Bigamy, fraud, underage, incapacity, impotence | Void marriages (bigamy, incest) are contestable any time. | Ohio Courts / family law |
| Oklahoma | Bigamy, fraud, underage, incapacity, impotence | See Oklahoma statutes and court self-help. | Oklahoma Courts / family law |
| Oregon | Bigamy, fraud, underage, incapacity, impotence | Oregon law defines void/voidable marriages. | Oregon Judicial Department / family law |
| Pennsylvania | Bigamy, fraud, underage, incapacity, impotence | PA statutes & courts set grounds & time limits. | Pennsylvania Courts / laws |
| Rhode Island | Bigamy, fraud, underage, incapacity, impotence | Check RI statutes and court forms. | Rhode Island Judiciary / family law |
| South Carolina | Bigamy, fraud, underage, incapacity, impotence | Void vs. voidable distinctions apply. | South Carolina Judicial Dept / statutes |
| South Dakota | Bigamy, fraud, underage, incapacity, impotence | See SD Codified Laws & courts. | South Dakota Unified Judicial System |
| Tennessee | Bigamy, fraud, underage, incapacity, impotence | Some grounds (bigamy/incest) void at any time. | Tennessee Courts / family law |
| Texas | Bigamy, fraud, underage, incapacity, impotence | Texas law actionable by petition for annulment; check family code. | TexasLawHelp / Texas Statutes (Family Code) |
| Utah | Bigamy, fraud, underage, incapacity, impotence | Utah courts and statutes specify grounds & timing. | Utah Courts / family law |
| Vermont | Bigamy, fraud, underage, incapacity, impotence | Check Vermont statutes / family court guidance. | Vermont Judiciary / laws |
| Virginia | Bigamy, fraud, underage, incapacity, impotence | Look to Virginia Code & court self-help. | Virginia Courts / family law |
| Washington | Bigamy, fraud, underage, incapacity, impotence | WA courts provide annulment forms and guidance. | Washington State Courts — forms & info |
| West Virginia | Bigamy, fraud, underage, incapacity, impotence | WV statutes distinguish void vs. voidable marriages. | WV Judiciary / statutes |
| Wisconsin | Bigamy, fraud, underage, incapacity, impotence | Check Wisconsin statutes and court self-help. | Wisconsin Court System / family law |
| Wyoming | Bigamy, fraud, underage, incapacity, impotence | See Wyoming statutes and courts. | Wyoming Judicial Branch / family law |
