What are the consequences of an annulment?
Asked by: Benton Donnelly | Last update: January 28, 2026Score: 4.2/5 (51 votes)
An annulment declares a marriage legally void, treating it as if it never happened, which means no marital property division or spousal support (alimony) unless a putative spouse (one who believed in good faith) exists; however, children's legitimacy and support rights are preserved, with courts still determining custody and child support based on the child's best interest, much like in a divorce. Key consequences include erasing marital obligations, potential loss of spousal support/property rights for one party, and an easier legal status for remarriage, but court records of the annulment remain public.
Why is annulment worse than divorce?
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- Annulment can be harder to prove, and courts are stricter.
- Your side would need to demonstrate fraud with clear, unambiguous evidence.
- Divorces are preferred, as in such cases, you stand a much better chance of fairer proceedings.
What qualifies for an annulment in AZ?
In Arizona, you qualify for an annulment if the marriage was void (automatically invalid, like bigamy or incest) or voidable (valid until annulled) due to fundamental flaws at the start, such as fraud, duress, lack of mental/physical capacity, being underage without consent, or intoxication, requiring proof the marriage never legally existed, not just that you want out. You also must meet Arizona's 90-day residency requirement before filing.
What happens when a marriage is annulled?
Annulling a marriage means that none of the legal incidents of marriage accrued, such as the creation of community property. That does not change the fact that you applied for a marriage license, had a marriage ceremony, and filed for an annulment. All those actions happened and they are memorialized on public records.
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.
Do I Have To Agree To An Annulment Of My Marriage?
What are valid reasons for annulment?
A marriage qualifies for annulment if it was invalid from the start due to grounds like bigamy, incest, fraud, duress, mental incapacity, being underage, or physical incapacity (like impotence) at the time of the wedding, essentially meaning the couple couldn't legally consent or the union never truly met legal requirements. Annulments declare a marriage void, as if it never happened, unlike a divorce which ends a valid marriage.
How long can a marriage be annulled?
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.
How long does an annulment usually take?
Uncontested Annulments
Usually, a judge will simply review the request, and you might also be required to attend a hearing. An uncontested civil annulment can take anywhere from a few weeks to several months, depending on the case workload of the family court involved.
Does annulment erase the marriage entirely?
When ending a marriage, most people think of divorce. But in some cases, the law allows for something different: an annulment. While divorce acknowledges that a valid marriage has ended, an annulment wipes it away entirely, as if the marriage never happened.
What is your status if you are annulled?
Annulment legally erases the marriage based on defects that existed from the start. Once annulled, the parties return to their single status and may remarry.
Why would an annulment be denied?
Reasons an Annulment Request May Be Denied
Not having enough evidence is a common problem; for example, if you claim fraud but don't have enough proof, the annulment might be denied. It's important to gather strong and convincing evidence before making a request. Mistakes in the process can also cause denial.
How much does an annulment typically cost?
Standard Fees
The typical cost of obtaining a court annulment can vary, generally ranging from $300 to $500. These fees cover the filing and processing costs associated with the annulment process. It's important to note that these fees may not include additional expenses that could arise during the case.
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 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.
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.
What are the most common grounds for annulment?
The most common grounds for annulment involve fraud, bigamy, incest, underage marriage, mental incapacity, duress, and impotence, all focusing on the idea that the marriage was never valid from the start, unlike divorce, which ends a legal marriage. Common issues include one spouse hiding major facts (like infertility or a criminal record) or being unable to consent due to intoxication, mental illness, or being forced into the union.
What is the most common reason 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.
Is a sexless marriage grounds for an annulment?
The law around annulment for non-consummation of a marriage
The court stated that case law has indicated a marriage can only be annulled for this reason if there is an incapacity to consummate the marriage springing from “physical or psychological limitations beyond the control of the refusing party.
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.
Do both parties have to agree to an annulment?
Legal reasons a judge can annul a marriage. You can only get an annulment if you can prove to the judge that there is a legal reason your marriage wasn't valid from the start, even if you both agree to an annulment.
What are the long-term effects of annulment?
After an annulment, legally, the marriage is treated as if it never happened. For many, this can be appealing if they want to erase any legal trace of the union. Annulment affects those involved by allowing both parties to consider themselves never married, which can impact their mental state.
Is annulment harder to get than divorce?
Annulments require a specific set of circumstances and evidence to be granted while a divorce is easier to attain.
Can I get an annulment without my spouse knowing?
Annulment proceedings require you to notify the other spouse because both are part of the case. If you don't inform your spouse, the annulment could be invalid.
What are the grounds for annulment?
Grounds for a marriage annulment declare a marriage invalid from the start, treating it as if it never happened, and typically involve fraud, bigamy, incest, mental incapacity, underage (<!nav>>minority), or inability to consummate the marriage. Key reasons include one party being underage, mentally unfit to consent, already married (bigamy), forced into marriage (duress), or deceived about something fundamental, like infertility or an inability to have sex, to enter the union.
What happens after annulment?
The final judgment in the annulment case shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of third presumptive legitimes.