How to get an annulment is one of the most commonly misunderstood processes in family law. Many people assume a short marriage automatically qualifies. That is not the case. An annulment is a legal declaration that a marriage was never valid from the start. Unlike divorce, which ends a recognized marriage, annulment treats the union as though it never legally existed.
Every state sets its own grounds and deadlines for this process. Some states have detailed statutes. Others rely entirely on case law. This guide explains the legal grounds for annulment, the step-by-step filing process, and how requirements differ across states. Understanding these rules will help you determine whether annulment is a realistic option for your situation.
What You Need to Know About How To Get an Annulment
Before you file, you need to understand two key legal categories. Courts divide invalid marriages into void and voidable types. A void marriage was never legally valid. Examples include bigamy and marriages between close blood relatives. No court order is technically required to end a void marriage. However, obtaining a formal court declaration is strongly recommended for legal clarity.
A voidable marriage remains legally valid until a court declares it invalid. Common grounds include fraud, duress, mental incapacity, and physical incapacity. The critical difference is timing. Voidable marriages typically have strict filing deadlines. In most cases, continuing to live with your spouse after discovering the problem can permanently bar your claim.
Learning how to get an annulment begins with identifying whether your marriage is void or voidable. This distinction affects who can file, when they must file, and what evidence the court requires. For example, anyone with standing can challenge a void marriage at any time. A voidable marriage can usually only be challenged by the affected spouse within a limited window.
Step-by-Step: How To Get an Annulment
The process of how to get an annulment follows a general pattern in most states. However, specific forms, fees, and procedures vary by jurisdiction. Each state has its own requirements for how to get an annulment approved by a judge. Here are the typical steps:
1. Confirm you have legal grounds. A short marriage alone is not a valid reason. You must meet one of your state’s specific statutory grounds.
2. Complete the required court forms. In California, you use Form FL-100 and check the “Nullity” box. Nevada has dedicated annulment form packets.
3. File your petition with the court clerk. Filing fees vary by state and county. Some courts offer fee waivers for qualifying individuals.
4. Serve your spouse. A third-party adult must formally deliver the papers. You cannot serve them yourself.
5. File proof of service with the court. Submit the completed proof of service form after your spouse has been served.
6. Wait for your spouse’s response. The respondent typically has 30 days to file an answer.
7. Attend the court hearing. Unlike no-fault divorce, you must prove your grounds to a judge with evidence and testimony.
8. Receive the court’s decree. If the judge finds your grounds valid, the court issues a judgment of nullity or decree of annulment.
| Ground for Annulment | Type | Who Can File |
|---|---|---|
| Bigamy | Void | Either spouse or prior spouse |
| Incest | Void | Either party or third party with standing |
| Fraud | Voidable | The defrauded spouse only |
| Duress or force | Voidable | The coerced spouse only |
| Mental incapacity | Voidable | Incapacitated party or legal guardian |
| Underage marriage | Varies by state | Minor, parent, or guardian |
| Physical incapacity | Voidable | The other spouse |
How To Get an Annulment in Different States
Understanding how to get an annulment requires knowing your state’s specific rules. Laws vary significantly across jurisdictions. Some states have detailed annulment statutes. Others have almost none at all.
California recognizes six voidable grounds under Family Code Section 2210. These include underage marriage, fraud, force, unsound mind, physical incapacity, and a prior existing marriage. California uses the term “nullity of marriage.” Time limits range from four years to no limit depending on the ground. Importantly, California’s putative spouse doctrine allows a good-faith spouse to receive property division and support.
Texas separates annulment from a “suit to declare a marriage void” under Family Code Chapter 6. The state imposes strict cohabitation bars. If you voluntarily live with your spouse after discovering the problem, you lose the right to annul. Texas also has one of the shortest deadlines in the country. Marriages performed within 72 hours of the license must be challenged within 30 days.
Nevada requires no residency if the marriage took place in the state. This is critical for Las Vegas marriages. Nevada also has a broad catch-all ground under NRS 125.350. It allows annulment for any cause that would void a contract in equity. As a result, Nevada courts have more flexibility than most states.
Florida has no specific annulment statute. Courts handle these cases through case law and common law principles. This makes outcomes less predictable. Florida courts are generally reluctant to grant annulments and often push parties toward divorce.
Illinois uses the term “declaration of invalidity” under 750 ILCS 5/301. It imposes one of the shortest deadlines in the nation. For most voidable grounds, you must file within 90 days of discovering the defect.
| State | Fraud Deadline | Underage Deadline | Key Statute |
|---|---|---|---|
| California | 4 years from discovery | 4 years after turning 18 | Family Code § 2210 |
| Texas | No set deadline (cohabitation bar applies) | Varies | Family Code Ch. 6 |
| New York | 3 years from discovery | Must not cohabit after legal age | DRL § 140 |
| Nevada | No statutory deadline | Varies | NRS 125.290–125.350 |
| Florida | No specific statute | No specific statute | Case law only |
| Illinois | 90 days from discovery | Varies | 750 ILCS 5/301 |
Common Mistakes When Seeking an Annulment
The most common mistake is assuming a short marriage qualifies. Marriage length has no legal relevance to annulment. Whether married for two days or twenty years, you need specific statutory grounds. Without valid grounds, you must pursue a divorce instead.
Another frequent error is continuing to live with your spouse after discovering the defect. In Texas and many other states, voluntary cohabitation bars annulment entirely. For example, if you discover fraud but remain in the home for months, you may lose your right to file. Additionally, many people miss strict filing deadlines. Illinois allows only 90 days from discovery for most grounds. Texas gives just 30 days in certain situations.
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Many people also confuse religious annulment with civil annulment. A religious annulment from a church has no legal effect whatsoever. You still need a civil court proceeding to legally end the marriage. Finally, some filers underestimate the evidence required. Proving fraud typically requires clear and convincing evidence. The fraud must go to the essence of the marriage. Lying about income or habits is generally not sufficient.
When to Hire an Attorney
Some annulment cases are straightforward enough to handle yourself. If your marriage is clearly void due to bigamy and your spouse does not contest, self-help may work. Many state court websites offer free annulment forms and filing guides. For example, both California and Nevada provide detailed self-help resources through their court portals.
However, knowing how to get an annulment and successfully proving your case are two very different things. If your spouse contests the filing, the process becomes adversarial. You will need to present evidence and cross-examine witnesses at a hearing. Contested annulments based on fraud or duress can be especially complex.
You should strongly consider hiring a licensed family law attorney if children or significant property are involved. Annulment can affect property division, spousal support eligibility, and retirement benefits. In most cases, divorce actually provides stronger financial protections than annulment. An attorney can advise whether annulment or divorce better serves your interests. Attorney fees vary widely by state and case complexity. Always consult a licensed family law attorney in your state before making this decision.
Frequently Asked Questions About How To Get an Annulment
How long do I have to file for an annulment?
Deadlines vary significantly by state and by the specific ground. California allows up to four years for fraud-based claims. Illinois gives only 90 days from discovery. Void marriages such as bigamy can typically be challenged at any time in any state.
Can I get an annulment if we were only married for a few days?
A short marriage does not automatically qualify for annulment in any state. You must still prove specific legal grounds such as fraud, duress, or incapacity. If no valid grounds exist, you will need to file for divorce regardless of how briefly you were married.
What happens to children if a marriage is annulled?
Children born during an annulled marriage remain legitimate in virtually all states. Courts retain full authority to order child custody, visitation, and child support. The process of how to get an annulment does not change a parent’s legal obligations to their children.
Is learning how to get an annulment worth it, or should I just file for divorce?
Annulments typically require a higher burden of proof than no-fault divorce. You must affirmatively prove the defect in the marriage. In most cases, an uncontested no-fault divorce is simpler, faster, and provides broader financial protections than an annulment.
Get Help with Your Divorce
Divorce laws vary dramatically from state to state. A licensed family law attorney in your state can review your situation and explain your rights and options.
Official Sources & Resources
For verified family law information and legal help:
- State Court Self-Help: Search “[your state] court self-help” for free filing guides and forms
- NCSL Family Law: ncsl.org/family-and-human-services
- Child Support Enforcement: acf.hhs.gov/css
- Cornell Legal Information: law.cornell.edu/wex/family_law
- Find Legal Aid: lawhelp.org
Content last reviewed May 2026. This is general educational information, not legal advice. If you notice outdated information, please contact us.