What is Annulment?
Updated January 24, 2026
A court ruling that a marriage was never legally valid, treating it as if it did not exist, as opposed to a divorce, which ends a valid marriage.
Understanding Annulment
A court can annul a marriage only for specific legal reasons set by state law. Common grounds include one spouse already being married to someone else, a spouse being under the legal age without required consent, fraud that goes to the heart of the marriage, force or duress, lack of mental capacity to consent, and close family relationship. A short marriage is not by itself a ground. Deadlines to file vary by ground and state. A legal annulment is separate from a religious annulment, which has no effect on legal status. Courts can still make orders about children of an annulled marriage, and in some states about property and support.
Examples
- 1An annulment because one spouse was still married to someone else at the time of the wedding
- 2An annulment based on fraud about a fact essential to the marriage
- 3A petition for divorce instead of annulment because the marriage was short but legally valid
Why This Matters in Legal Cases
Clients sometimes ask for an annulment because the marriage was brief or because they want it erased, but most short marriages do not qualify. Choosing the wrong process can waste time and money. When an annulment is available, it can also affect property, support and other rights differently than a divorce would, depending on the state.
Frequently Asked Questions
Can I get an annulment because my marriage was short?
What happens to children if a marriage is annulled?
Is a religious annulment the same as a legal annulment?
Related Terms
Divorce
The legal dissolution of a marriage by a court or other competent body, ending the marital relationship and dividing assets, debts, and responsibilities.
Legal Separation
A court process in which spouses remain legally married but live apart under court orders that can address property, debts, support, custody and parenting time.
Child Custody
The legal arrangement determining where children will live and who will make important decisions about their upbringing after parents separate or divorce.
Alimony
Court-ordered financial support paid by one spouse to the other during or after divorce, also known as spousal support or maintenance.
Child Support
Ongoing payments made by a non-custodial parent to help cover the costs of raising their child, typically continuing until the child reaches adulthood.
For Family Law cases
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