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How long do you have to be married before you can get an annulment?

Published in Marriage Annulment 4 mins read

You do not have to be married for a minimum amount of time to get an annulment. Unlike a divorce, which typically requires a specific period of marriage or separation, an annulment is not bound by how long you've been married. Its purpose is to declare a marriage null and void from its very beginning, as if it never legally existed.

Understanding Annulments

An annulment is a legal procedure that cancels a marriage, effectively making it as if the marriage never occurred. This differs significantly from a divorce, which terminates a valid marriage. Annulments are granted based on specific legal grounds that challenge the fundamental validity of the marriage itself, rather than the breakdown of the relationship over time.

Annulment vs. Divorce: Key Differences

It's crucial to understand the distinctions between an annulment and a divorce, especially regarding marital duration and legal implications.

Feature Annulment Divorce
Marital Status Declares marriage void, as if it never existed Ends a valid marriage
Eligibility Based on specific legal grounds (e.g., fraud) Based on irretrievable breakdown of marriage
Waiting Period No minimum marriage duration Often requires a minimum separation or marriage duration (varies by state)
Grounds Challenges validity of marriage from inception Challenges continuation of a valid marriage
Remarriage Free to remarry as if never married Free to remarry after divorce decree is final
Financial Property division can be complex; spousal support is typically not awarded Spousal support (alimony) and equitable property division are common
Children Legitimacy of children usually unaffected; child custody and support determined Legitimacy of children unaffected; child custody and support determined

Common Grounds for Annulment

For an annulment to be granted, specific legal grounds must be proven in court. These grounds indicate that the marriage was invalid from the start. While exact requirements can vary by state, common reasons include:

  • Fraud or Misrepresentation: One party misrepresented a crucial fact that was essential to the marriage. Examples include hiding a prior marriage, lying about the ability to have children, or misrepresenting one's true identity or intentions for marriage.
  • Bigamy: One spouse was already legally married to another person at the time of the current marriage. This makes the second marriage void.
  • Incest: The parties are closely related by blood, making the marriage illegal under state law.
  • Underage (Lack of Legal Age): One or both parties were below the legal age for marriage and did not have the required parental consent or court approval. If the underage party continues to live with the spouse after reaching legal age, they may lose the right to annul.
  • Duress or Force: One party was coerced or forced into the marriage against their will, making their consent invalid.
  • Mental Incapacity: One party lacked the mental capacity to understand the nature of the marriage contract at the time of the marriage due to mental illness, intoxication, or an intellectual disability.
  • Physical Incapacity: One party was physically unable to consummate the marriage (e.g., incurable impotency) and the other party was unaware of this at the time of the marriage.
  • Lack of Consent: There was no true intent to enter into a legally binding marriage. This can sometimes overlap with other grounds like fraud or duress.

Seeking an Annulment

The process for obtaining an annulment typically involves filing a petition with the court, similar to a divorce. You must present evidence to prove that one of the legal grounds for annulment existed at the time of the marriage. Because annulments are complex and require proving a marriage was invalid from the start, it's often advisable to consult with a legal professional.

For more information on annulment laws and processes, you can refer to reputable legal resources: