How Does a Civil Annulment Work?

Annulment Versus Divorce

When marriage no longer seems like an option, there are two main courses of action to end the marriage, divorce and annulment. Though both are performed through the court system, an annulment has one key difference. In an annulment, the marriage, as far as the government is concerned, never happened. There are very specific grounds on which a civil annulment can be granted.

Grounds for Anullment: Concealment

A civil annulment based on concealment means that before the marriage a member of the couple hid important information that would have caused a partner to not enter the marriage. Hidden information that would warrant a civil annulment may include the inability to have children, a severe drug or alcohol problem, a felony conviction, unknown children from another marriage or an infection of a sexually transmitted disease.

Grounds for Annulment: Fraud

A civil annulment based on fraud means that one of the spouses seriously lied to the other before getting married. Annulment by this means may include lying about infertility, pretending to be of the age of consent or already being married.

Grounds for Annulment: Sexual

A civil annulment based on sexual problems may be granted if one of the spouses refuses to, or is unable to consummate the marriage by sexual means.

Grounds for Annulment: Misunderstanding

A civil annulment based on a misunderstanding is the least likely reason to be accepted. This may be accepted only if one spouse assumed that the other wanted children, and then later found out that this was not the case.

Obtaining an Annulment

Obtaining an annulment is similar to applying for a divorce. Since a civil annulment works through the court system, the first step is usually hiring a lawyer who specializes in divorce and annulment. The appropriate papers will then need to be filled out and filed in the appropriate court for your jurisdiction. You will then need to prove to the judge that you qualify for annulment by showing proof on one of the grounds listed above. The judge will then decide whether or not you and your spouse qualify for a civil annulment. Annulment laws vary by state. It is important to talk to your lawyer about the grounds for annulment before filing your papers.