Annulment is a procedure under state law that can be used to invalidate a marriage. The laws of your state determine the grounds on which annulment can be based. Generally, an annulment is more challenging to get than a divorce because it's harder to qualify. But, if you do qualify, the annulment process is usually much simpler than divorce proceedings.
Definition
Annulment is similar to divorce in that it renders you and your spouse capable of remarriage. Whereas a divorce terminates a marriage and sets forth a settlement agreement for dealing with the consequences of the marriage, an annulment returns you back to your legal status prior to the marriage. In other words, annulment is a legal process that makes it as if the marriage never happened.
Void Marriages
Some states divide the grounds for annulment according to void and voidable marriages. A void marriage is one that never should have been recognized under the laws of the state. For example, most states have consanguinity laws that forbid marriage between first cousins and anyone at a similar degree of relation, such as parents, aunts and uncles. If you or your spouse had another living spouse from a current marriage at the time of your subsequent marriage, your marriage is also void. Marriage to someone mentally incompetent at the time of marriage is also void.
Voidable Marriages
Voidable marriages are not invalid on their face, but can be voided by either spouse. A voidable marriage is one that was entered into on the basis of fraud or duress, or which could not be consummated due to physical inability unknown at the time of marriage. Voidable marriages require the party seeking the annulment to establish the condition on which the annulment can be granted, and many states impose a statute of limitations for initiating the process. Marriage to a minor is voidable by the parents in some states while the spouse is still a minor.
Fraud
The type of fraud that can be used to annul a marriage varies by state. Most commonly, the fraud has to be based on an essential element of the marriage, such as the desire to have intercourse or children. Misrepresentations about financial or social status are generally not considered essential to the marriage and therefore do not justify annulment in most states. Even an essential misrepresentation, to justify annulment, must have been actually relied upon by you or your spouse in entering the marriage.
Catholic Annulment
Entirely separate from the legal process of annulment is annulment as practiced by the Catholic Church and other religious organizations. Because the Catholic Church does not recognize divorce, spouses must have their marriages annulled in the eyes of the church in order to remarry in the church. The considerations for Catholic annulment are similar to legal annulment, but much more lenient in that they allow annulment due to immaturity and lack of discretion.
