Annulment is the nullification of marriage and the process by which a court states that a marriage never existed, declaring the marriage void, according to USMarriageLaws.com. Divorce, unlike annulment, is when a court ends a legal marriage by a specific date and involves dividing up of debts, marital property, setting up child custody, and awarding of spousal and child support. Rules pertaining to an annulment are limited to general rules across the United States such as fraud, bigamy and insanity. Specific rules and laws are governed by each state.
Bigamy
In the United States it is illegal to marry another person while already being in a legal marriage with a live person and by being in such a marriage, this constitutes a legal reason for annulment. In some states, such as North Carolina, a bigamous marriage is automatically void and does not require court action to nullify it, according to North Carolina State University.
Mental Capacity
If one spouse lacks the mental capacity to consent at the time of marriage due to mental illness, drugs or alcohol, a marriage can be annulled, according to Colorado-Family-Law.com. If being under the influence of drugs or alcohol is a reason for the annulment, legal action must be filed within a certain time period---normally within 60 days, depending upon the state you live in.
Under Age
If either spouse was under the age of 16 at the time of the marriage and did not have court approval, the marriage may be annulled, according to USAMarriageLaws.com. Also, if either spouse was 16 or 17 at the time of the marriage and did not have parental consent, legal action can be filed to annul the marriage within 60 days of the marriage.
Fraud
When one spouse marries due to the other's misrepresentation or fraudulent act, this serves as grounds to seek an annulment from the court, according to Colorado-Family-Law.com. Fraud may include the concealment of important information such as criminal history, disease and sterility. A good example of fraud is when a woman entices a man to marry her based on the fact that she is pregnant with his baby and then afterward the man finds out she was actually never pregnant.
Duress
If one spouse was threatened or forced into a marriage, the marriage may be annulled.
Incest
If the married couple is in an illegal, incestuous relationship, a marriage can be annulled by the court. Such incestuous relationships include: parents and grandchildren, brothers and sisters of half and whole blood, uncles and nieces of half and whole blood, aunts and nephews of half and whole blood, first cousins of half and whole blood, and between parents and child of whole blood.
