How long do you have to be married to file for annulment?

Asked by: Prof. Kirsten Ortiz  |  Last update: May 28, 2025
Score: 4.9/5 (71 votes)

If you are considering an annulment, there is no minimum amount of time that you have to be married, unlike a divorce. If you get married and want to get it annulled the next day, you can do so, provided that one of the above situations applies.

What are the most common grounds for annulment?

For some of these reasons, you must file a request for an annulment in certain amount of time (usually 4 years).
  • 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.

How long after marriage can you annul?

For example, in California, annulment requests should generally be filed within four years for fraud. However, states like Texas may require annulment petitions within a shorter time frame for specific grounds.

What is the shortest time for annulment?

Your petition for annulment will be processed as soon as it is submitted, but it depends on the court's schedule when it will end. The overall duration to complete it may take six months up to four years, which is a long time, but it allows you to leave your marriage legally.

How much is an annulment in CA?

Some counties also allow electronic filing for marriage dissolution. You can check if your county is one of them on the e-filing page. Note that this method may entail additional service fees. You must also pay a filing fee of $435.

How Long Can You Be Married and Still Get an Annulment? by New York Family Law Group

24 related questions found

What qualifies you for an annulment in California?

The state of California will automatically annul marriages where there is shown to be incest, where two relatives marry, or in cases of bigamy, where someone has married more than one person knowingly. No matter if all parties consented, these circumstances will automatically be annulled.

Is annulment cheaper than divorce?

No, annulments in California are usually more expensive and financially burdensome compared to divorces. Obtaining a civil annulment through the court system requires a significant amount of time and resources. It involves extensive paperwork, gathering evidence, and sometimes even investigations.

How fast is the annulment process?

The process can take anywhere from a few weeks to a few months, on average. The length of the annulment investigation process will primarily depend on how much information you can provide up front.

What happens after annulment?

After the trial, the court will issue a decision. If the judge grants the annulment, the marriage is declared null and void.

Are you still married if you don't consummate?

It's important to understand that the inability to consummate a marriage is considered a valid legal reason to annul a marriage.

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 does a divorce cost in California?

Divorce in California

Martindale-Nolo Research reports that the average cost of legal fees for a divorce is around $17,500 for a divorcing spouse with no children and around $26,000 for a divorcing spouse with kids.

What happens if you don't report a previous marriage?

As long as the previous marriages ended legally, there is no legal requirement for disclosure UNLESS the marriage license specifically asks about them.

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 you prove annulment?

The only way to obtain a civil annulment that legally dissolves your marriage is by proving one of the grounds established by state law. These often include fraud or misrepresentation, lack of consummation, incest, bigamy, lack of consent, unsound mind, or force.

What is the disadvantage of annulment?

Disadvantages of an Annulment

Issues or fault are highly probative in an annulment proceeding. 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.

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.

Is there a time limit on annulment?

California law states that you have 4 years to file for annulment if the reasons are due to physical incapacity, age, or by force. For example, if one partner was under the age of 18 upon entering the marriage or domestic partnership, then they will have 4 years to file annulment.

What are the conjugal rights?

Conjugal rights refer to the mutual rights and privileges between two individuals arising from the state of being married . These rights include mutual rights of companionship, support, comfort, sexual relations, affection, joint property rights and the like.

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.

Do both parties have to agree to an annulment?

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.

What are the benefits of an annulment?

Key advantages to getting an annulment include:
  • Equal sharing of marital debt. ...
  • Prenuptial agreements are invalidated. ...
  • The potential to remarry. ...
  • There is no division of property following an annulment. ...
  • Typically faster than a divorce, especially in the case of void marriages, which do not require lengthy court hearings.

Is getting an annulment difficult?

Annulments are not as complex as divorces, but they do have their own set of requirements. You must file your request for annulment with the courts in your county before the statute of limitations for an annulment runs out. In California, the time limit differs depending on the situation.

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 it better to divorce or stay unhappily married?

A study showed that unhappily married adults who divorced were no happier than unhappily married adults who stayed married. Divorce did not typically reduce symptoms of depression, raise self-esteem, or increase a sense of mastery. Divorce or separation is likely the best outcome in a destructive marriage.