Seeking an annulment is a favorable option for exiting an unlawful marriage by declaring the union null and void. An annulment states that the marriage was invalid from the start, unlike a divorce, which ends a valid marriage. While this option may be enticing for most people, it is not available for all marital situations because you need specific grounds to qualify for annulment.
For people who do not mind having a divorce status, it is relatively easy to seek a no-fault divorce as you do not have to prove the reason for ending the marriage. However, religious beliefs, strong opinions on marriage, or certain financial situations might make seeking an annulment a more appealing option.
This guide will give you reliable information on what an annulment entails and when and how long you have to file for one.
What Is An Annulment?
An annulment is a legal way of canceling a marriage. When you receive an annulment, the court erases your marriage records, and it is as if you were never married. Not everyone qualifies to annul their marriage, and some annulment rules may vary by state. The following are the acceptable reasons for seeking an annulment:
- You were too young to give consent at the time of getting married. If you married when you were under eighteen, you needed your parent's approval, while a child under 16 needs a judge's approval.
- You or your spouse were either mentally ill or incapacitated at the time you got married.
- You were unable to consummate your marriage by having sexual intercourse and were not aware of the inability at the time you got married.
- You got married under duress, as a result of fraud, or by force. For example, getting married to obtain a green card, falsifying pregnancy, or lying about having a desire to get children.
- You or your spouse have an incurable mental illness lasting five years or more.
- You or your spouse were already legally married at the time of getting married.
- Your spouse kept important facts such as addiction or sexually transmitted diseases from you.
Once you confirm you fall in any of the above categories, your first step would be to find a court in your county of residence, request Petition and Summons forms, and complete them.
Annulment Vs. Divorce
The main difference between an annulment and divorce is that an annulment erases a marriage entirely, and no one should find records of you as having been married. In contrast, divorce terminates a legal marriage that will continue being on record. The implication and process involved between the two also differ. The following table summarizes these differences.
| Annulment | Divorce | |
|---|---|---|
| The time frame for completion | Faster | Can take up to a year |
| Financial issues | Assets returned as if no marriage existed | Asset divided and alimony may be paid |
| Children | Considered born outside of marriage but can make arrangements for support | Custody and child support arranged |
| Legal status afterward | Returns to single status | Becomes legally single |
| Remarrying | Can remarry immediately | Must wait for a specific period |
How Long Do You Have To Get An Annulment?
The period to fill and receive an annulment varies by state. But, the best chance of getting annulled with fewer challenges is filing close to the date you got married. However, the timeframe given by most states is between thirty days to four years after your wedding date.
Quote Block: The court allows some exceptions to this standard. For example, some states award longer periods of annulment in cases involving incest or mental incompetence.
Immediately addressing the situation increases your chances of receiving approval for annulment. The longer the marriage lasts, the more your assets become intermingled, and the harder it is to prove in court that the marriage is illegitimate, especially in situations such as bigamy.
Another factor to consider is that once you discover grounds for annulment, the clock starts ticking towards the deadline for filing. Thus, living together after discovering that your partner lied to get married can make you miss the opportunity for a quick annulment.
Is There a Statute of Limitations for Getting an Annulled Marriage?
Yes, most states have a statute of limitation for seeking annulment, although the filing time limits differ. The various laws state that if you do not file within a specified number of years, you can be denied any rights of the ability to seek an annulment through legal means.
Generally, the period for seeking an annulment of marriage lasts between one and four years in most states. For example, Texas and California give four years. However, there are a few exceptions to the case. For instance, states like Colorado (60 days) and Illinois (90 days) give less time for sensitive situations like duress, fraud, a dare, mental illness, substance abuse, or alcohol abuse.
How Much Does An Annulment Cost?
The overall cost of an annulment depends on factors such as filing and other legal fees, jurisdiction, complexity of the case, and whether you hire an attorney or not. But an annulment is usually less costly than a divorce unless your spouse disputes the annulment. A general overview of the costs is as follows:
- Filing fees: Varies between $100 to $500 depending on the state
- Attorney fees: Ranges from $1000–$5,000
- Documentation: Depends on the case and how much you need to prove.
- Contested issues: Varies depending on the issues raised and the work involved to provide evidence.
- Alternative Dispute Resolution: Some issues that arise, such as child custody and asset division, may need mediation.
Make sure you are properly prepared for your family and personal matters. We have a wide range of documents you can explore as you seek annulment, legal separation, or divorce.
Start your Separation Agreement now
Helpfull Resources:
Family Code Chapter 6. Suit For Dissolution Of Marriage
Colorado Revised Statutes 2020 TITLE 14
750 ILCS 5/ Illinois Marriage and Dissolution of Marriage Act
Seeking an annulment is a favorable option for exiting an unlawful marriage by declaring the union null and void. An annulment states that the marriage was invalid from the start, unlike a divorce, which ends a valid marriage. While this option may be enticing for most people, it is not available for all marital situations because you need specific grounds to qualify for annulment.
For people who do not mind having a divorce status, it is relatively easy to seek a no-fault divorce as you do not have to prove the reason for ending the marriage. However, religious beliefs, strong opinions on marriage, or certain financial situations might make seeking an annulment a more appealing option.
This guide will give you reliable information on what an annulment entails and when and how long you have to file for one.
What Is An Annulment?
An annulment is a legal way of canceling a marriage. When you receive an annulment, the court erases your marriage records, and it is as if you were never married. Not everyone qualifies to annul their marriage, and some annulment rules may vary by state. The following are the acceptable reasons for seeking an annulment:
- You were too young to give consent at the time of getting married. If you married when you were under eighteen, you needed your parent's approval, while a child under 16 needs a judge's approval.
- You or your spouse were either mentally ill or incapacitated at the time you got married.
- You were unable to consummate your marriage by having sexual intercourse and were not aware of the inability at the time you got married.
- You got married under duress, as a result of fraud, or by force. For example, getting married to obtain a green card, falsifying pregnancy, or lying about having a desire to get children.
- You or your spouse have an incurable mental illness lasting five years or more.
- You or your spouse were already legally married at the time of getting married.
- Your spouse kept important facts such as addiction or sexually transmitted diseases from you.
Once you confirm you fall in any of the above categories, your first step would be to find a court in your county of residence, request Petition and Summons forms, and complete them.
Annulment Vs. Divorce
The main difference between an annulment and divorce is that an annulment erases a marriage entirely, and no one should find records of you as having been married. In contrast, divorce terminates a legal marriage that will continue being on record. The implication and process involved between the two also differ. The following table summarizes these differences.
| Annulment | Divorce | |
|---|---|---|
| The time frame for completion | Faster | Can take up to a year |
| Financial issues | Assets returned as if no marriage existed | Asset divided and alimony may be paid |
| Children | Considered born outside of marriage but can make arrangements for support | Custody and child support arranged |
| Legal status afterward | Returns to single status | Becomes legally single |
| Remarrying | Can remarry immediately | Must wait for a specific period |
How Long Do You Have To Get An Annulment?
The period to fill and receive an annulment varies by state. But, the best chance of getting annulled with fewer challenges is filing close to the date you got married. However, the timeframe given by most states is between thirty days to four years after your wedding date.
Quote Block: The court allows some exceptions to this standard. For example, some states award longer periods of annulment in cases involving incest or mental incompetence.
Immediately addressing the situation increases your chances of receiving approval for annulment. The longer the marriage lasts, the more your assets become intermingled, and the harder it is to prove in court that the marriage is illegitimate, especially in situations such as bigamy.
Another factor to consider is that once you discover grounds for annulment, the clock starts ticking towards the deadline for filing. Thus, living together after discovering that your partner lied to get married can make you miss the opportunity for a quick annulment.
Is There a Statute of Limitations for Getting an Annulled Marriage?
Yes, most states have a statute of limitation for seeking annulment, although the filing time limits differ. The various laws state that if you do not file within a specified number of years, you can be denied any rights of the ability to seek an annulment through legal means.
Generally, the period for seeking an annulment of marriage lasts between one and four years in most states. For example, Texas and California give four years. However, there are a few exceptions to the case. For instance, states like Colorado (60 days) and Illinois (90 days) give less time for sensitive situations like duress, fraud, a dare, mental illness, substance abuse, or alcohol abuse.
How Much Does An Annulment Cost?
The overall cost of an annulment depends on factors such as filing and other legal fees, jurisdiction, complexity of the case, and whether you hire an attorney or not. But an annulment is usually less costly than a divorce unless your spouse disputes the annulment. A general overview of the costs is as follows:
- Filing fees: Varies between $100 to $500 depending on the state
- Attorney fees: Ranges from $1000–$5,000
- Documentation: Depends on the case and how much you need to prove.
- Contested issues: Varies depending on the issues raised and the work involved to provide evidence.
- Alternative Dispute Resolution: Some issues that arise, such as child custody and asset division, may need mediation.
Make sure you are properly prepared for your family and personal matters. We have a wide range of documents you can explore as you seek annulment, legal separation, or divorce.
Start your Separation Agreement now
Helpfull Resources:
Family Code Chapter 6. Suit For Dissolution Of Marriage
Colorado Revised Statutes 2020 TITLE 14
750 ILCS 5/ Illinois Marriage and Dissolution of Marriage Act
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