Is an annulment the same as a divorce?

No. A divorce ends a valid marriage going forward. An annulment is a court ruling that a marriage was never legally valid in the first place, either because it was void from the start or because one spouse had the right to void it based on specific legal grounds.

How long do I have to file for annulment?

Time limits vary widely by state and by the grounds claimed. Some grounds, like fraud or duress, often must be raised within a short window after discovery, while others, like bigamy, may have no time limit because the marriage is treated as void from the beginning. Acting promptly is generally important.

Does a short marriage automatically qualify for annulment?

No. Length of the marriage alone is not a ground for annulment in any state. Many couples who divorce quickly still need a regular divorce because none of the specific civil grounds apply to their situation.

Do I need a lawyer to seek an annulment?

It is not always required, but annulment cases often turn on proof of specific facts like fraud, mental capacity, or a prior marriage. A family law attorney in your state can explain which grounds may apply and what evidence courts typically expect.

Grounds for Annulment: When a Marriage Can Be Voided

By The Annulment Lawyers Editorial Team · Sat Jun 06 2026 00:00:00 GMT+0000 (Coordinated Universal Time)

An annulment is a court order that treats a marriage as if it was never legally valid. Unlike divorce, which ends a marriage that everyone agrees existed, an annulment requires the person asking for it to show one of a narrow set of legal reasons, known as grounds. The exact rules vary by state, but the categories below are recognized in some form almost everywhere in the United States.

What "Grounds" Actually Means

In civil law, grounds are the specific facts a court will accept as a reason to void a marriage. Simply changing your mind, growing apart, or realizing you made a mistake is not enough. The grounds usually focus on something that was wrong at the moment of the wedding, such as a missing legal requirement, a deception, or a condition that prevented real consent.

Fraud or Misrepresentation

Fraud is one of the most common grounds. It generally requires a lie about something so important that the other person would not have agreed to marry if they had known the truth. Courts typically look for fraud that goes to the heart of the marriage rather than minor exaggerations. Examples often include:

Hiding an inability or refusal to have children when it was promised
Concealing a serious criminal history
Marrying only to obtain immigration status, money, or inheritance
Lying about already being married, divorced, or widowed

Disappointment about personality, finances, or lifestyle usually does not rise to the legal definition of fraud.

Bigamy and Existing Marriage

A person can only have one legal spouse at a time. If either party was already legally married to someone else when the new wedding took place, the second marriage is void in every state. Bigamy is one of the few grounds that does not require a complicated argument: the marriage is treated as if it never existed, and an annulment simply confirms that.

Underage Marriage

Every state sets a minimum age for marriage, and most require parental consent or a court order for anyone below the standard age of majority. A marriage entered into below the legal age, or without the consent required, may be annulled. In many states, the underage spouse can ask to void the marriage after reaching adulthood, within a limited time window.

Mental Incapacity or Intoxication

Marriage requires that both people understand what they are doing and freely agree to it. If one party could not give informed consent at the ceremony, the marriage may be voidable. Common situations include:

Severe mental illness or cognitive impairment at the time of the wedding
Being heavily intoxicated by alcohol or drugs
A medical condition that prevented understanding the nature of marriage

Courts usually expect evidence that the incapacity existed at the wedding itself, not just afterward.

Force, Threats, or Duress

A marriage entered into because of threats, physical force, or serious coercion is not based on real consent. Courts can annul marriages where one party was pressured into the ceremony, although pure emotional pressure from family is harder to prove than direct threats of harm.

Prohibited Relationships

Every state forbids marriage between certain close relatives. A marriage between people too closely related is void from the start, and a court can issue an annulment to make that clear in public records.

Void vs Voidable Marriages

It helps to understand two categories courts use. A void marriage, such as one involving bigamy or close relatives, was never valid and produces no legal marital rights, even without a court order. A voidable marriage, such as one involving fraud or duress, is treated as valid until a court decides to void it at the request of the affected spouse. The distinction affects deadlines, property rights, and the rights of children of the marriage.

What to Do If You Think You Have Grounds

If any of these situations sound familiar, the next step is usually to talk to a family law attorney in your state. They can review the facts, explain how local courts treat each ground, and help you decide whether annulment, divorce, or another option fits your situation best.

Find an annulment attorney near you