How to Get an Annulment
Getting an annulment means having your marriage legally declared retroactively invalid – meaning you were never married to begin with. Here's how to erase that chapter from your life.
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You Will Need
- Grounds for annulment
- An attorney
- Proof of those grounds
Steps
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Step 1
Check your state law
For a civil annulment, research your state's family law by visiting your state's web site or calling a municipal or county court office. Rules vary across the country.
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A religious annulment is a different process and won't be recognized by the state.
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Step 2
Have acceptable grounds
Prove that there was a defect in the marriage contract: if one party was already married, concealing something, under the influence of drugs at the time of the ceremony, underage or not mentally competent, these are all grounds for annulment.
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Step 3
Check the time limit
Make sure you are within the time limit allowed to file for an annulment – usually two years or less. These periods vary depending on the type of annulment being requested and the state in which the petition is filed.
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Step 4
Prepare to file
Make an appointment with a family law attorney and, if necessary, hire them to help you navigate the process.
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Step 5
Have the wronged party file
Have the wronged party file. The person responsible for the deception generally is not allowed to request the annulment.
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The person who files for an annulment still may be entitled to spousal and child support.
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Step 6
Gather proof
Gather as much proof of the marriage-contract defect as possible. It helps if you have evidence and witnesses.
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In the 1530s, King Henry VIII broke away from the Catholic Church and formed the Church of England, partly because the Pope wouldn't grant him an annulment.
