Process of Annulment | DivorceLawFirms.com

This article gives a brief overview of the marriage annulment process. Topics discussed are researching grounds for annulment, whether to obtain legal help, where to obtain samples of annulment petitions, and how to get an annulment. A civil annulment, also known as an “invalidation” of marriage, is difficult to obtain legal remedy. Unlike a divorce, which simply declares that a marriage has ended, an annulment virtually erases a marriage, stating that the marriage was never valid to begin with. Though the process for obtaining an annulment differs in every state, there are certain steps you can take in every jurisdiction to increase your chances of obtaining an annulment:

Step 1 - Research Annulments Laws in Your State

The requirements for an annulment of marriage differ in every state. Make sure that, before you file for an annulment, you satisfy the necessary grounds for Annulment. Specifically, you may want to research the following:

How soon after a marriage must you file for an annulment? Many states require that a petition for an annulment be filed within two years or less of the date of the marriage.
What is constitutes “fraud” so as to qualify for an annulment in your state?
What is the age of consent to marriage in your state?

If you have difficulty determining if your exact situation is within the legal grounds for Annulment, you should get a free consultation from a Divorce Attorney.

Step 2 - Consult With an Annulment Attorney

Because annulments are typically difficult to obtain, it’s best to speak with a lawyer about whether you qualify for an annulment and what possible defenses could be raised by your spouse. An attorney can also assist you in drafting a proper petition for annulment that will satisfy the requirements within your state. Annulment petitions are relatively simple to draft and it shouldn’t take your attorney more than a few days to prepare one for your signature.

Step 3 - File a Petition for Annulment

Once you’ve decided to seek an annulment, prepare a proper and file petition on your own or with the help of an attorney. Sample annulment petitions are available for every state at a low cost on many websites selling legal forms. In addition, the local clerk of court’s office may have a sample petition or standard annulment form available. Your spouse will typically receive 30 days in which to respond to your annulment petition and file his own.

Step 4 - Service

Serve your spouse with a copy of the petition for annulment. Laws regarding service of process vary in every state. However, the best way to make sure your spouse is properly served with notice of your petition is to hire a professional process server. Unless your spouse agrees to come to court with you voluntarily, you will almost certainly need an affidavit from someone other than yourself stating that your spouse was personally served with a copy of the petition for annulment and notice of the first court date.

Step 5 - Appearing in Court

Once your petition has been filed and your spouse served, you will be given a court date in which to appear before a judge. At that time, your spouse will most likely have the option of responding to the petition for annulment or admitting the facts in the petition as true. A judge will then determine whether or not to grant the annulment. Note that a legal, civil annulment is different than a religious annulment and can only be granted by a judge. Depending on whether or not your annulment is contested, it can take as little as a month or as much as a year for your annulment to be completed.

Because annulments are tricky to obtain, and because of the limited time in which to seek an annulment, you may wish to seek the assistance of an attorney to shepard you through your annulment. However, whether you choose to retain an attorney or seek an annulment on your own, knowing the individual laws of your state is paramount to a successful annulment petition.

Thinking About Divorce?