An annulment is a legal way to invalidate a marriage. It erases the marriage as though it never existed in the eyes of the law. The Woman's Divorce website says it is not based on the length of the marriage, even though that is a common misconception. There are many grounds under which an annulment can be granted, but they are all based on showing the union was not valid rather than how long the couple was married. There are defined reasons that must be used to request an annulment.
Step 1
Decide on the exact grounds under which you will file for your annulment. Woman's Divorce says the most common reasons are: get married while under age, marrying an impotent partner who cannot consummate the union, marrying someone who is not legally divorced from the previous spouse, having a close blood relationship, being forced into the marriage or not being able to make the decision due to intoxication or mental impairment. You can also request an annulment if you discover that the other party committed fraud to entice you into the marriage.
Step 2
Complete the residency requirement in your state before filing for an annulment. Women's Divorce says this is often the same time frame that is required before a divorce. A lawyer can confirm the proper residency length for you.
Step 3
Retain a lawyer to file the annulment paperwork for you. You may be able to do the paperwork yourself, but Woman's Divorce warns that annulments are not as common as divorces and require a certain level of expertise. An attorney will make sure that it is filed correctly and can handle the situation if your spouse contests the annulment.
Step 4
Change any documents and other paperwork back to single status once the court declares the annulment complete. You will return to your maiden name if you are a woman, so change your driver's license and other official documents back to that name.
Tips and Warnings
- An annulment legally makes it as though your marriage never existed. If the annulled marriage was your first, you can list your status as "single" rather than "divorced" when filling out any kind of paperwork because you were never really married in the eyes of the law.
- You cannot get married again until your annulment is final, Woman's Divorce warns. The annulment will wipe out your marriage, but this is not legally done until the court makes its ruling. You would be committing bigamy and your new marriage would not be valid if you get married while the annulment is still in progress. Expertlaw.com says you usually cannot get alimony payments or a share of the other person's assets when you get an annulment instead of a divorce.
