Do both parties have to agree to an annulment?
Asked by: Carrie Smith | Last update: August 28, 2025Score: 4.5/5 (23 votes)
You don't need the agreement of both parties for an annulment to happen, but you do need persuasive evidence to prove to the courts why your marriage should be declared null and void.
Do you need both signatures for an annulment?
You Don't Need Both Signatures for an Annulment
You can obtain an annulment without ever getting your spouse's signature. A spouse does not have to participate in the annulment process if they choose not to, although this will likely not help their case.
Why would an annulment be denied?
At the time of the marriage, either party was already legally married. At the time of the marriage, either party was ruled incapacitated, incapable of making the decision to marry. At the time of the marriage, either spouse was a minor and did not have parental or court permission to marry.
What qualifies you for an annulment in Indiana?
Grounds For an Annulment
one spouse was underage at the time of marriage. one spouse was convinced to marry by fraud. one spouse was coerced to get married (married "under duress") one spouse didn't know the other spouse was already married at the time of marriage (bigamous marriage)
What are the two most common grounds for annulment?
An annulment is a court ruling that a marriage was never valid. The most common ground for annulment is fraud and misrepresentation. For example, one person may not have disclosed to the other a prior divorce, a criminal record, an infectious disease, or an inability to engage in sex or have children.
Do I Have To Agree To An Annulment Of My Marriage?
What percentage of annulments are denied?
Now, according to Vatican figures, about 50,000 annulments are granted annually by U.S. tribunals _ more than two-thirds of all annulments worldwide _ and less than 10 percent of annulment applications are denied.
How do I get an annulment without the other person?
You don't need the agreement of both parties for an annulment to happen, but you do need persuasive evidence to prove to the courts why your marriage should be declared null and void. You may enjoy much more significant benefits from an annulment over a divorce, so it's well worth exploring if you're eligible.
How long does an annulment take?
How Long Does an Annulment Take? Since every case is different, it's difficult to put a timeline on the annulment process. That said, the most extensive cases can take anywhere from nine to 18 months, while some of the shorter ones take a matter of weeks.
How do you dissolve a marriage in Indiana?
Either party may file a petition for dissolution of marriage. One party must reside (or be stationed) in Indiana for six months and reside (or be stationed) in a county for three months before filing the petition. Petitions are heard by the court after a minimum of 60 days after filing.
Is annulment the same as divorce in Indiana?
While a divorce terminates a marital union, annulment renders the marriage void, as though it never existed. In Indiana, divorce and annulment have different requirements and processes; however, at the end of either process, a marital union will no longer exist, and parties may get married again.
Are annulments hard to get?
Establishing the grounds for an annulment is more difficult than the grounds for divorce. Issues or fault are highly probative in an annulment proceeding.
Which of the following is not grounds for an annulment?
Many divorcing couples wish they had never married in the first place, but regret is not a valid reason to seek an annulment in California.
Can you remarry without an annulment?
Without an annulment, the Church still views you as married to your former spouse, which prevents you from entering into another sacramental marriage. This is why seeking an annulment is crucial if you wish to remarry within the Catholic Church. Everyone deserves another chance at a life that reflects their faith.
Is cheating grounds for annulment?
It is more difficult to get an annulment than it is to get a divorce. Before your marriage can be annulled by the court, you will be required to prove that you have valid grounds for an annulment. Infidelity is not recognized as one of the grounds for annulment.
How much is it to get a marriage annulled?
Costs are always changing, as are filing fees, but you can often get your marriage annulled for a few hundred to a few thousand dollars.
How do I know if my marriage can be annulled?
The most common reasons a marriage qualifies for an annulment in California include: One party was under the age of 18 at the time of the marriage. One party committed bigamy—entering into a second marriage while a prior marriage was still valid. One party forced the other party to get married against their wishes.
When can a marriage be annulled in Indiana?
Per the Indiana annulment laws in Indiana Code 31-11-9-2 and Indiana Code 31-11-9-3, individuals may only seek annulment of their marriage under two circumstances: Incapacity to marry due to age or mental incompetence or fraud by one of the parties to the marriage.
What is the only way that a valid marriage can be dissolved?
In the United States married couples are allowed to end a marriage by filing for a divorce on the grounds of either fault or no fault. In the past, most states only granted divorces on fault grounds, but today all states have adopted the no fault divorce.
Does it matter who files for divorce first in Indiana?
Filing for divorce first in Indiana does not provide any significant advantage over a court's final decision, as Indiana family law judges are required to consider both spouses' evidence and testimony equally, then determine other matters such as support, custody, and property division.
Is an annulment cheaper than a divorce?
An annulment is usually cheaper than a divorce proceeding. However, this is not sufficient reason to push for an annulment.
What is the most common ground for annulment?
Here are the most common reasons why spouses seek a marriage annulment: Fraud/misrepresentation: When a spouse lied about important issues relating to the marriage, the other spouse could seek to annul the union.
What are the reasons for annulment?
- You were under 18 at the time of the marriage.
- You were tricked into the marriage (fraud)
- You didn't have the mental capacity to marry (unsound mind)
- One of you is physically unable to consummate marriage.
- One of you is still married to someone who you thought was dead, but isn't.
Does an annulment have to be signed by both parties?
An annulment case can be initiated by either party in a marriage. The party initiating the annulment must prove that they have the grounds to do so, and if it can be proven, the marriage will be considered null and void by the court.
How do you win an annulment?
- One of the spouses is married to another person (bigamy)
- You got married when you were under 18 and it wasn't legal to do so.
- Your spouse tricked you to get you to agree to marry them.
What is null and void marriage?
Nullity of marriage, on the other hand, means that the marriage is held null and void, that is the marriage is legally non-existent and a valid marriage did not take place at all. While divorce relates to sustainability of marriage, nullity refers to validity of the same.