Definition
An annulment is a court order declaring that a marriage is legally invalid, meaning that in the eyes of the law the marriage never validly existed. Unlike a divorce, which ends a valid marriage, an annulment treats the union as though it never happened because of a legal defect present at the time of the wedding. Annulments require proof of specific grounds, and the available grounds and procedures vary by state.
Legal Meaning
A legal annulment, sometimes called a "declaration of invalidity," is a court's determination that a marriage was defective from the start. Because the marriage is treated as never valid, an annulment is conceptually different from divorce, where the law recognizes that a valid marriage existed and then ended. A legal (civil) annulment is also distinct from a religious annulment granted by a church, which affects religious standing but has no effect on a couple's civil marital status.
Marriage validity is a matter of state law, so the grounds and procedures differ. Annulment grounds generally fall into two categories. A void marriage is invalid from the beginning regardless of any court action, such as a bigamous or incestuous marriage. A voidable marriage is treated as valid unless and until a court annuls it, based on grounds like fraud, duress, or lack of capacity.
People may seek an annulment for personal, religious, or legal reasons, but annulments are far less common than divorces because the grounds are narrow and must be proven. Issues like child custody and child support can still be addressed even when a marriage is annulled. For the bigger picture, see our family law practice area.
Key Points
- An annulment declares a marriage legally invalid, as if it never existed
- A divorce ends a valid marriage; an annulment says there was no valid marriage
- Void marriages (bigamy, incest) are invalid from the start; voidable marriages are valid until annulled
- Common grounds include fraud, bigamy, incest, underage marriage, duress, and incapacity
- A legal annulment is different from a religious annulment
- Children of an annulled marriage are generally still considered legitimate
- Courts can still decide custody and child support after an annulment
- Voidable marriages often have time limits for seeking an annulment
Real-World Example
Sofia marries Carlos after a short courtship. A few weeks later, she discovers that Carlos was still legally married to someone else when they wed. Because a person cannot be married to two people at once, their marriage is bigamous and therefore void from the start.
Sofia files for an annulment rather than a divorce, since the law treats the marriage as never having been valid. She must provide evidence of the prior marriage. The court grants the annulment and declares the marriage invalid. If the couple had children, the court could still enter orders for custody and child support, and the court may apply its state's rules to fairly handle any property the couple acquired together.
Common Grounds for Annulment
| Ground | What It Means | Typical Category |
|---|---|---|
| Bigamy | One spouse was already legally married to someone else | Void |
| Incest | The spouses are too closely related under state law | Void |
| Underage | A spouse was below the age of consent without required permission | Voidable |
| Fraud or Misrepresentation | A lie about something essential to the marriage | Voidable |
| Duress or Force | A spouse was coerced or threatened into marrying | Voidable |
| Lack of Capacity | Mental incapacity or intoxication at the time of the wedding | Voidable |
| Inability to Consummate | A spouse was physically unable to consummate and concealed it | Voidable |
Void vs. Voidable Marriages
Understanding the difference between void and voidable marriages is central to annulment law:
- Void marriages are invalid from the moment of the ceremony and are treated as though they never legally existed, even without a court order. Bigamy and incest are typical examples. A court order can still be useful to formally confirm the invalidity.
- Voidable marriages are legally valid unless and until a court declares them invalid. Only certain people, usually one of the spouses, can seek an annulment, and the right to do so can be lost if the couple continues to live together after learning of the problem (called ratification).
Because each state defines these categories and their time limits differently, the same facts can lead to different outcomes in different states.
Children, Property, and Support
Even when a marriage is annulled, the law protects children and addresses finances. Children born during the marriage are generally still treated as legitimate, and a court can enter orders for custody and child support based on the child's best interests, just as in a divorce. Dividing property is more complex because the marriage is treated as invalid; states handle this differently, with some applying equitable principles to divide jointly acquired assets fairly. A prenuptial agreement may or may not apply, depending on the grounds and state law. Spousal support is less commonly awarded after an annulment than after a divorce, but it is possible in some states.
Related Terms
Considering an Annulment?
Learn whether you qualify under your state's grounds and connect with a family law attorney who can advise you.
Explore Family LawWhen You Need a Lawyer
Because annulments require proving specific grounds within strict deadlines, legal help is especially valuable. Consider hiring a family law attorney if:
- You believe your marriage may be void or voidable but are not sure of the grounds
- You were defrauded, coerced, or lacked capacity when you married
- You discovered your spouse was already married
- There are children, shared property, or support issues to resolve
- You are unsure whether to pursue an annulment or a divorce
- The other spouse contests the annulment
An attorney can evaluate whether you meet your state's grounds, gather the necessary proof, and protect your rights regarding children and property. For help with costs and choosing counsel, see understanding legal fees and how to choose a lawyer.
Frequently Asked Questions
What is the difference between an annulment and a divorce?
A divorce ends a valid marriage, acknowledging that the marriage existed but is now over. An annulment declares that the marriage was never legally valid in the first place, treating it as though it never happened. Divorce is available to most couples on no-fault grounds, while an annulment requires proving specific legal grounds such as fraud, bigamy, or lack of capacity. A legal annulment is different from a religious annulment, which has no effect on civil marital status.
What are the grounds for an annulment?
Grounds vary by state but commonly include bigamy (one spouse was already married), incest, marriage under the age of consent without proper permission, fraud or misrepresentation about something essential to the marriage, duress or force, mental incapacity or intoxication at the time of the wedding, and inability to consummate the marriage. Some of these make a marriage void from the start, while others make it voidable until a court acts.
What is the difference between a void and a voidable marriage?
A void marriage is invalid from the beginning and is treated as if it never legally existed, even without a court order; bigamous and incestuous marriages are common examples. A voidable marriage is valid unless and until a court declares it invalid, and only certain people, usually the spouses, can ask the court to annul it. Voidable grounds include fraud, duress, or lack of capacity, and the right to annul can sometimes be lost if the couple keeps living together after learning the facts.
What happens to children and property after an annulment?
Children born during an annulled marriage are generally still considered legitimate, and courts can still address child custody and child support based on the child's best interests. Dividing property after an annulment is more complicated than in divorce, because the marriage is treated as never valid; states handle this differently, and some use equitable principles to divide assets fairly. An attorney can explain how your state treats property and support after an annulment.
Is there a time limit to get an annulment?
Often, yes, for voidable marriages. Many states require a person to seek an annulment within a certain time after discovering the grounds, such as learning of the fraud, or the right may be lost. Void marriages, like bigamous ones, can usually be challenged at any time. Because deadlines and rules differ by state, you should act promptly and confirm the applicable time limits.
State-Specific Information
Annulment grounds, time limits, and the treatment of property vary significantly by state. For more on ending a marriage, see our comprehensive divorce guide: