What is an ‘annulment’?

An annulment is a ruling by a court that nullifies a marriage. Unlike a divorce, which is a legal end to a valid marriage, an annulment is a ruling that the marriage never actually existed in the first place. A legal annulment is not available in all cases, and is different from a religious annulment, which would have to be obtained by request of your church instead of by request of the court.

Grounds for Annulment

The specific rules regarding when annulment may be granted vary by state. However, there are a few common things that can result in an annulment being granted in almost every jurisdiction. Examples of common grounds for annulment include:

• One or both parties was not of sound mind at the time of the marriage.
• One party was coerced into the marriage or fraudulently induced to marry.
• One or both of the spouses was already married at the time when the wedding took place, or one or both of the parties killed an existing spouse in order to be free to marry.
• One of the parties to the marriage is not able to engage in sexual intercourse, and the other party was not made aware of this fact prior to the wedding.
• Situations where the couple wasn't legally allowed to marry in the first place, such as when the relationship is incestuous or when one or both parties is underage and doesn't have the proper consent.
• One party did not intend to remain faithful at the time when the marriage took place. 
• One party was pregnant by someone else at the time of the marriage, without the knowledge of the other.

In addition to these conditions, annulment usually will not be granted if the marital union has produced children. 

Getting Help

To determine if your situation may make you eligible for an annulment, you should strongly consider speaking with a lawyer for advice.  

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