To get an annulment, you file a petition in your state’s family court asking a judge to declare your marriage legally invalid from the start, based on a specific ground the law recognizes such as fraud, bigamy, incest, an underage spouse, mental incapacity, duress, or inability to consummate. Unlike a no-fault divorce, an annulment requires you to prove that something was fundamentally wrong with the marriage on the day it began. The steps below walk through what that actually involves.
One boundary first: a religious annulment from a church has no legal effect on your marital status. If you want the law to treat your marriage as void, you need a civil annulment from a court, regardless of any separate religious process.
Confirm You Have a Legal Ground
Every state limits annulments to a set list of grounds. Most states recognize some version of the following:
- Fraud or misrepresentation about something fundamental to the marriage, such as concealing a prior marriage, hiding an inability to have children, or marrying solely for immigration status. Lying about wealth or career history usually does not qualify.
- Bigamy, meaning your spouse was already legally married to someone else.
- Incest between close blood relatives.
- Underage marriage without required parental or judicial approval.
- Mental incapacity at the time of the ceremony, whether from a mental health condition, cognitive disability, or severe intoxication.
- Duress or force, where one spouse was coerced or threatened into marrying.
- Permanent physical inability to consummate the marriage, which is different from infertility.
Bigamy and incest make a marriage void, meaning it had no legal standing from the start. The other grounds make a marriage voidable, meaning it is treated as valid until a court says otherwise. That difference matters for deadlines and, in some cases, whether a formal decree is even required.
The burden of proof is on whoever asks for the annulment. Your word alone is not enough. Courts expect documentation: medical records, sworn witness statements, evidence of the fraud, or whatever else supports the ground you’re claiming. If you can’t show more than an unhappy marriage, divorce is your route, not annulment.
Check the Filing Deadline
Most states impose deadlines on voidable annulments, and the clock runs differently by ground. Fraud-based petitions typically must be filed within a set number of years after you discover the deception. Underage-marriage petitions often must be filed within a few years of the minor spouse reaching adulthood. Duress claims usually run from the date of the marriage.
Void marriages, meaning bigamy and incest, generally have no filing deadline. Either spouse can challenge one at any time.
If you miss the deadline for a voidable annulment, you are not stuck married. You just lose the annulment option and have to file for divorce instead, which changes how property, support, and taxes are handled. Check your state’s specific deadlines early.
Meet Residency Requirements
Before you can file, the court needs jurisdiction. Most states require at least one spouse to have lived in the state for a minimum period, commonly a few months to a year. Some states also require filing in the county where a spouse resides. Expect to prove residency with a lease, utility bills, voter registration, or similar documents.
A few states waive residency requirements when the marriage itself took place inside their borders, but that exception is not universal. If you recently moved, call the family court clerk in your area before filing to confirm what your court accepts.
File the Petition
The case starts when you file a petition, sometimes called a complaint, for annulment with your local family court. The petition identifies both spouses, states the date and place of the marriage, and lays out the specific legal ground you are relying on.
Filing fees typically fall between $100 and $400 depending on jurisdiction. Most courts allow a fee waiver if you can show financial hardship.
Along with the petition, you may need to submit supporting documents. If you are claiming fraud, attach the evidence you have. If property or finances are in dispute, many courts require a financial disclosure form listing your income, assets, and debts.
Serve Your Spouse
After filing, you must formally deliver the annulment papers to your spouse through what’s called service of process. Courts are strict about this. You cannot hand the papers over yourself. In most jurisdictions a sheriff, professional process server, or other authorized person has to make the delivery. Your spouse can also sign an acknowledgment of service voluntarily.
If you cannot find your spouse, you can ask for service by publication. You file a sworn statement describing the steps you took to locate them: contacting relatives, checking last known addresses, searching public records. If the court is satisfied you made a genuine effort, it will authorize notice in a local newspaper or posting at the courthouse. Once the publication period ends, the case can proceed without your spouse’s participation.
If your spouse is properly served and does not respond within the deadline the court sets, you can ask for a default judgment. The judge may grant the annulment based only on the evidence you present.
Prove Your Case at the Hearing
Most courts require a hearing even when both spouses agree on the annulment. You appear before a judge and explain why the marriage was never legally valid. The judge reviews your evidence, hears testimony, and decides whether your ground actually applies.
If your spouse contests the annulment, expect a longer hearing where both sides present evidence and call witnesses. A family law attorney is not required but becomes far more useful in a contested case. The judge grants the annulment only if you meet the burden of proof for the specific ground you claimed.
What Changes Once the Annulment Is Granted
Once the decree is signed, both parties revert to unmarried status. Legally, the marriage is treated as though it never happened. That fiction produces several practical consequences you should plan for before you file.
Property
There is theoretically no “marital property” to divide because the marriage never existed. In practice, courts sort out finances by looking at each party’s contributions, whose name is on the deed or title, and who paid for improvements. Some states apply the putative spouse doctrine, which gives a spouse who genuinely believed the marriage was valid the same property rights as a legally married spouse. This most often comes up in bigamy cases where one spouse did not know the other was already married. Expect to file a detailed financial disclosure either way.
Spousal Support
Because the marriage is voided, most courts will not award traditional spousal support after an annulment. Some states allow restitution or damages where one spouse’s bad-faith conduct caused the annulment. The rules vary sharply by state.
Taxes
The IRS treats an annulled marriage as though it never existed, so any joint returns you filed during the marriage are now incorrect. You must file amended returns on Form 1040-X for every affected year still open under the statute of limitations, changing your filing status to single or, if you qualify, head of household.1Internal Revenue Service. Publication 501, Dependents, Standard Deduction, and Filing Information The statute of limitations for amending a return is generally three years from the date you filed the original return, or two years after you paid the tax, whichever is later.2Internal Revenue Service. Filing Taxes After Divorce or Separation Switching from joint to single filing often raises your total tax owed, so budget for the possibility of paying additional taxes plus interest.
Children
An annulment does not make your children illegitimate. Children born during an annulled marriage are considered legitimate in every state. Custody, visitation, and child support are handled the same way as in a divorce, with the court focused on the child’s best interests. Parental obligations do not depend on whether the marriage was valid, and courts can order child support from either parent.
Immigration
If either spouse’s immigration status depends on the marriage, an annulment carries real risk. A conditional permanent resident who got a green card through the marriage can file to remove conditions after annulment, but only if the marriage was entered in good faith and not to evade immigration law.3U.S. Citizenship and Immigration Services. Removing Conditions on Permanent Residence Based on Marriage If USCIS finds the marriage was fraudulent, the immigrant can be barred from admission to the United States for life, unless granted a waiver.4USCIS. Chapter 2 – Overview of Fraud and Willful Misrepresentation If your annulment involves any allegation of immigration fraud, get an immigration attorney.
Name
If you changed your name when you married, you can ask for your former name back as part of the annulment. Most courts grant this automatically. The decree lists both names, and the change takes effect on the same date as the annulment.
Social Security
If you were collecting Social Security benefits as a spouse or dependent, you lose eligibility for those derivative benefits once the annulment is entered. The Social Security Administration will reinstate any benefits you received in your own right before the marriage, effective the month of the decree, if you file a timely application.5Social Security Administration. 1853. Reinstatement of Benefits When Marriage Terminates
Health Insurance
A spouse covered under the other’s plan loses coverage once the annulment is final. Under an employer plan, COBRA or a similar continuation option may be available. The annulment counts as a qualifying life event, which opens an enrollment window for a new plan. Start looking into replacement coverage before the decree is issued.
What an Annulment Costs
Court filing fees generally run $100 to $400 depending on where you file. Attorney fees are the bigger variable. Family law attorneys usually bill hourly, and rates depend on location. An uncontested, straightforward annulment can keep legal fees modest. A contested annulment with a full hearing, witness testimony, and extensive evidence can run into the thousands.
If you cannot afford an attorney, many courts have self-help centers where staff walk you through the forms and process. Legal aid organizations in your area may provide free or reduced-cost representation if you qualify. Filing fee waivers are available in most jurisdictions on a showing of financial hardship.