Grounds for Annulment

There are many different reasons for which a couple might wish to seek an annulment rather than a divorce. Usually, the parties realize that the marriage was a mistake from the beginning or one of the parties learns information that would have kept them from going through with the marriage, had they known beforehand. While grounds for an annulment vary from state-to-state, the following are some of the most common grounds for seeking an annulment. This article discusses the 5 most common reasons people file for annulment, as well as the variations in grounds for annulment from state to state. Annulment reasons include consanguinity, fraud, lack of capacity to consent, bigamy, and non-consummation.

Annulment Reasons

Consanguinity: In plain language, “consanguinity” means that the parties are too closely related to be allowed to marry. In every state, marriage is prohibited between the following people:

• Biological parents and children;
• Brothers and sisters;
• Nieces and uncles, aunts and nephews.
• Most states also outlaw marriage between first cousins, though some allow marriage between first cousins over age 50.

Fraud or Misrepresentation: Generally, in order to obtain an annulment on the grounds of fraud or misrepresentation, the party seeking an annulment must show that a) they were deceived by the other party and b) had they known the truth, they never would have agreed to the marriage. Common types of “fraud” include the following:

• Homosexuality
• Drug or alcohol addiction
• The inability to consummate the marriage sexually.
• One spouse using an alias or fake name.

Lack of Capacity to Consent/Lack of Consent: There are several circumstances under which a party can be said to have lacked the capacity to consent to the marriage. The parties will be found to have lacked the capacity to consent to the marriage when:

• The parties are under the legal marriageable age;
• The parties suffer a mental impairment;
• The parties were under the influence of drugs or alcohol at the time of the marriage; or
• The parties were forced into the marriage by means of violence or threats.

Non-consummation: In many states, the inability or refusal of one party to sexually consummate the marriage may be sufficient in and of itself to obtain an annulment. In other states, non-consummation is considered a type of fraud.

Bigamy: In many states, the discovery that one’s spouse is already legally married to another is grounds for obtaining an annulment. However, other states find that, where one party is legally married to another, the marriage was never valid in the first place, thus negating the need for an annulment.

Legal Help with Annulments

Because the law regarding civil annulments varies from state to state, it is often a good idea to consult with a qualified family law attorney in your jurisdiction. Additionally, because courts as a rule do not like to grant annulments, a competent lawyer can advise you as to whether your individual situation merits seeking an annulment or if you would be better served simply filing for divorce.