Can I get an annulment instead of a divorce?

An annulment is fundamentally different from a divorce. While a divorce ends a valid marriage, an annulment declares that the marriage was never legally valid in the first place. The grounds for annulment are much narrower than those for divorce, and annulments are relatively rare compared to divorces.

Common legal grounds for annulment include fraud or misrepresentation (such as lying about the ability to have children), bigamy (one spouse was already married), mental incapacity (one spouse was unable to consent to the marriage), underage marriage without proper consent, incest, duress or force, and failure to consummate the marriage.

The availability of annulment and the specific grounds vary by state. Some states have time limits for filing an annulment based on certain grounds. For example, an annulment based on fraud may need to be filed within a certain number of years of discovering the fraud.

An important practical consideration is that even with an annulment, courts can still address issues of property division, spousal support, and child custody. Children born during an annulled marriage are still considered legitimate in all states.

Annulments should not be confused with religious annulments, which are separate proceedings conducted by a religious institution and have no legal effect on the marital status under civil law.

If you believe your marriage may qualify for an annulment, consulting with a family law attorney in your state is advisable. DIVORSAY's Auntia AI can provide general information about annulment grounds in your state to help you understand your options.