Can you remarry after annulment?
Asked by: Mrs. Lue Fahey | Last update: February 1, 2026Score: 4.1/5 (22 votes)
Yes, you can absolutely remarry after an annulment, as an annulment legally declares the marriage never existed, making you single and free to marry someone else (or even the same person) without legal impediment, similar to a divorce but with a different legal reasoning. The process involves getting a civil annulment, and if you're Catholic, you may also need a separate church annulment to remarry within the Church.
How soon after an annulment can you remarry?
So, you can marry again after an annulment just like you can after a divorce. You must wait to remarry after an annulment until the court issues the final judgment and decree. The final judgment takes at least 30 days after the opposing party was served with a petition for the annulment.
What are the disadvantages of annulment?
Disadvantages of an Annulment
Unlike divorce, where fault is not an issue, in an annulment proceeding fault can have a huge impact on how property is split, whether support is issued and how attorney fees are paid. There is no per se community property.
What is the 5 year remarry rule?
Ideally, an individual who obtained a green card through marriage should wait at least 5 years before getting remarried to a foreign national.
What happens after a marriage is annulled?
Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.
FAQ on Annulment & Remarriage
Why is annulment worse than divorce?
Because an annulment means a marriage was never legally valid, any prenuptial agreements are typically also invalid. Generally, neither partner has a right to the other's personal property or money the way they may in the case of a divorce.
Can I remarry if I am annulled?
Annulment is a law that nullifies the status of marriage, treating it as if it was never legal in the first place. Both people involved, therefore, were never married. It also allows them to get married again, unlike if they were only legally separated.
How long do you have to be divorced before you get remarried?
Specifically, you may want to know how long after divorce can you remarry in California. You cannot remarry until your old marriage is legally over. Additionally, you have to wait at least six months before you can remarry.
Are you married if you have been together for 7 years?
No, living together for 7 years does not automatically make you legally married; that's a common myth, as most states don't recognize common-law marriage, and where they do (like Colorado, Iowa), it requires specific actions like holding yourselves out as spouses, not just time passing. To be legally married, you generally need a license and a ceremony, but some states have specific rules for creating common-law unions, requiring intent, public declaration as spouses, and cohabitation, with specific cut-off dates for older relationships in some states like Alabama or Pennsylvania.
How many years do you have to be married to your husband to get his social security?
Spouses and ex-spouses
You may be eligible if you've been married at least 1 year and are: Age 62 and older, or. Caring for a child age 15 and younger, or. Caring for a child of any age who has a disability.
Why would someone want an annulment instead of a divorce?
People seek annulments instead of divorces for religious, social, or financial reasons, wanting the marriage treated as if it never existed due to fraud, force, bigamy, incest, or incapacity (like mental state or age) at the time of the wedding, avoiding divorce's stigma and potentially bypassing property division or alimony. An annulment declares the marriage legally void, while a divorce ends a valid one, so eligibility depends on proving specific legal grounds, not just marital breakdown.
Does an annulment count as a marriage?
An annulment (or nullity) is when a judge says in a court order that your marriage or domestic partnership is not legally valid. This means something was legally wrong with the marriage from the start. If you get an annulment, it's like your marriage never happened because it was never legal.
What are two grounds for annulment?
The two most common grounds for a legal marriage annulment are fraud/misrepresentation (deception about a fundamental aspect, like an inability to have children or a criminal past) and bigamy/incest (one spouse was already married or the parties are too closely related), though others like underage marriage, duress, or mental incapacity are also frequent reasons. Annulments declare a marriage was never valid, unlike divorce, which ends a valid marriage.
What evidence is needed for annulment?
Evidence needed for an annulment focuses on proving the marriage was invalid from the start, requiring documentation like messages, medical records, or financial statements to support grounds like fraud, bigamy, incest, duress, underage, or incapacity, often supplemented by witness testimony to show the defect existed at the time of the ceremony. The core evidence must prove the marriage was never legally valid, not just unhappy.
What happens if you marry twice without divorce?
Bigamy Laws - Jail Time and Fines
It can be classified as either a felony or misdemeanor, but both carry severe penalties such as imprisonment for up to 5 years and criminal fines. If accused of bigamy, evidence will be sought that shows you were legally married when entering into another marriage.
What is the GREY divorce trend?
Grey divorce or late-life divorce is the demographic trend of an increasing divorce rate for older ("grey-haired") couples in long-lasting marriages, a term typically used for people over 50. Those who divorce may be called silver splitters. Divorcing late in life can cause financial difficulties.
What is the 3 3 3 rule for marriage?
The "3 3 3 rule" in marriage typically refers to a couple dedicating 3 hours of uninterrupted alone time for each partner weekly, plus 3 hours of focused couple time weekly, aiming to reduce resentment, increase connection, and ensure both personal space and shared intimacy, often broken into smaller segments for flexibility. It's a tactic to create balance and intentional connection, combating the disconnect that often happens with busy lives and children, allowing partners to recharge individually while also nurturing the relationship.
What constitutes a marriage in God's eyes?
In the eyes of God, marriage is generally seen as a sacred, lifelong covenant between one man and one woman, established through public commitment, exclusivity, and becoming "one flesh," often mirroring Christ and the Church, though specifics vary by faith, with many emphasizing vows, commitment, and community recognition over just legal paperwork. Key elements include a lasting bond, mutual love, sacrificial living, and public declaration, rooted in scripture like Genesis 2.
What's the hardest year of marriage?
The hardest years of marriage often fall into two main periods: the early years (1-4) when the honeymoon fades and realities like finances, chores, and kids set in, and the middle years (5-10) where parenting stress, midlife issues, and deeper unresolved conflicts often peak, leading to higher dissatisfaction and divorce rates, especially around the 7th and 10th years. Key challenges include adjusting to married life, managing young children, financial stress, and communication breakdowns as partners realize their initial expectations differ from reality.
What is the 10-10-10 rule for divorce?
The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law.
Can you remarry without being divorced?
You cannot remarry before the Court have made your Final Order/Decree Absolute. You can, however, be divorced without the finances being resolved (and approved by the Court) between you and your ex-spouse and therefore free to re-marry.
Who loses more financially in a divorce after?
Generally, women lose more financially in a divorce, experiencing steeper income drops and increased poverty risk due to career interruptions for childcare and lower earning potential, though the spouse who stayed home during the marriage often suffers most, and men also face significant costs like supporting two households. Factors like childcare responsibilities, lost income, and the gender wage gap contribute to women's greater financial vulnerability, despite men also seeing reduced living standards.
Does an annulled marriage count as a marriage?
After a judge has decided that an annulment can proceed, the courts remove all evidence that the marriage ever existed. Legally, it never happened and those who are the subject of an annulment can honestly say that they were “never married”.
What happens if you separate but never divorce?
If you separate but never divorce, you remain legally married, retaining marital rights like health insurance/pension benefits but also liabilities, potentially being responsible for your spouse's debts and unable to remarry, with financial risks increasing without formal agreements on assets, debt, and support, making a formal separation agreement or divorce advisable for clarity and protection.
Is annulment the same as void marriage?
Until a court annuls a voidable marriage, it is regarded as legally valid. In simpler terms, a void marriage (nullity) is treated as if it never happened in the eyes of the law, whereas a voidable marriage (annulment) is treated as valid until annulled by a court.