An annulment is a legal procedure that ends a marriage. In an annulment, the marriage is dissolved and deemed never to have legally existed. This is in contrast to a divorce, where the marriage is dissolved, but it is understood that at one time the marriage legally existed. Procedures for annulling a marriage are usually simple and parallel those for obtaining a divorce.
Grounds
To begin the annulment process, the couple must first have proper grounds to establish that the "marriage" is not legally valid. According to Woman's Divorce, most states accept several different grounds for annulment. An annulment may be given if one or both parties were younger than the state's age of consent for marriage and/or did not have parental permission to marry; if a close blood relationship exists between the parties; if one party was still married to a third person; one party was unable to have children and concealed this fact from the other; if one or both parties lacked legal capacity to marry, due to a mental disorder or intoxication; or if one or both parties acted under duress, force or threat.
Forms
The procedure for obtaining an annulment in most states is similar to the procedure for obtaining a divorce, according to Illinois Divorce and Woman's Divorce. In some states, the same form must be filed with the court. The form must indicate that an annulment is being sought and explain the grounds for the annulment. Some states have statutes of limitations on when an annulment must be filed. In Illinois, for example, most couples wishing to annul a marriage have 90 days after discovering they have grounds for annulment to file for one.
Hearing
After a petition for annulment is filed, most couples will have to attend a court hearing on the annulment. At the hearing, the parties can establish that they have legal grounds for an annulment and have filed for the annulment within any deadlines set by law. The judge will determine whether an annulment may issue and will settle any issues related to property or support. If an annulment is denied, a couple may still seek a legal separation or divorce.
