In the eyes of the law, a legal annulment voids a marriage contract and changes your status to single. This legal "null and void" declaration allows you to resume life as though the marriage never took place. While there are specific requirements for getting an annulment, every state has laws that make this an option if you qualify.
Identification
A valid marriage fulfills all legal requirements for the state in which you marry. An annulment is a court order stating your marriage in that state was not legal and therefore never existed. This is different from a divorce in which a court order dissolves a valid marriage.
Grounds
An annulment is only an option if you meet specific requirements, or legal grounds. These requirements are circumstances and/or facts that make the marriage invalid. Legal grounds for getting an annulment include mental illness or temporary insanity, fraud and consenting under duress such as serious threat of violence. In addition, intoxication, impotency, under-age consent, bigamy, incest or a mock marriage are legal grounds for filing for a marriage annulment.
Time Frame
The time limits for filing a marriage annulment request vary according to the state in which you marry. Check the marriage laws for your state to determine time limits. For example, in Wisconsin, the time limit is one year for legal grounds including underage consent, mental illness or temporary insanity, fraud, consent under duress and impotency. In a case of incest, the time limit is 10 years. There is no time limit in a case of bigamy. In general, the sooner you file, the better.
Process
You file in the state where you currently live, no matter where you were married. For example, if you get married in Nevada, and reside in Wisconsin, you file for an annulment in Wisconsin. The process is similar to filing for a divorce, except you must provide proof the marriage is not valid. Proof can be documentation such as a criminal record, birth certificate, family history records or medical report. In some cases, proof can also be a witness who testifies at your annulment hearing.
The availability of forms depends on the state where you live. In some states, you can get necessary forms from the courthouse while others require that you get these forms from an attorney. For example, Minnesota requires you get forms from an attorney, while in California forms are available at your courthouse or can be downloaded online.
After filing and payment of fees, the court sets a hearing date. A judge reviews documentation and makes a final determination.
Consequences
Annulments take away some of your legal rights but in return leave you free to marry again without having to get a divorce. Legal rights you give up include marital property rights if you do not share legal ownership of the property, succession rights, alimony and father's guardian rights. Most state courts will only grant father's guardian rights if the child is born before or within 10 months of issuing the annulment decree.
Considerations
An annulment does not make children born of the marriage illegitimate. In addition, custody and child support will apply the same as they would in a divorce. Also, keep in mind that a legal annulment has no bearing on getting a religious annulment. Getting a faith-based annulment is a separate process with separate requirements.
