256-bit Encrypted
10,000+ Consumers Helped
4.9/5 Average Rating
Non-Attorney
Divorce

Annulment

An annulment is a court declaration that a marriage was legally invalid from the beginning, effectively treating the marriage as though it never existed rather than ending it like a divorce.

What It Means in Plain English

An annulment doesn't end a marriage — it declares that the marriage never legally existed in the first place. After an annulment, both parties are treated as if they were never married. This is fundamentally different from divorce, which ends a valid marriage.

Annulments are available only in specific circumstances. Common grounds include: one spouse was already married to someone else (bigamy), the marriage was based on fraud or serious misrepresentation, one spouse lacked the mental capacity to consent, the marriage was entered under duress or force, the spouses are too closely related by blood, or one spouse was underage without proper consent. Simply regretting the marriage or having a very short marriage is not grounds for annulment.

Religious annulments — such as those granted by the Catholic Church — are completely separate from civil court annulments. A religious annulment has no legal effect on your marital status under state law. If you want to be legally single again, you still need a civil court annulment or a standard divorce.

Why It Matters for Your Case

Annulments are rare because the legal grounds are narrow and specific. If you believe your marriage was legally invalid from the start — due to fraud, bigamy, or incapacity — an annulment may be available. However, courts apply these standards strictly, and most marriages that people want to end require a standard divorce.

Even after an annulment, courts can address practical issues like child custody, child support, and property division. 'Erasing' the marriage legally doesn't erase the practical consequences of having lived together and possibly raised children.

💡

Real-World Example

For example, after six months of marriage, Lisa discovers her husband was already legally married to someone else when they wed. She files for an annulment on the grounds of bigamy. The court grants the annulment, declaring the marriage void from the beginning. Lisa is treated as never having been legally married to him — though any children of the relationship remain legally recognized.

Related Terms

Now That You Know Your Terms

Ready to Start Your Divorce Intake?

Guided intake wizard, document checklist, and a complete case packet organized for you — in plain English.

Start Your Divorce Intake →

Important Disclaimer

JustiPal™ is not a law firm. This content is for educational purposes only and does not constitute legal advice. Your specific situation may differ. For advice about your case, consult a licensed family law attorney.

Ready to Get Organized?

Premium guided legal workflow systems — starting at $97. No subscription. No hidden fees.