How to File an Annulment

An annulment is a both a legal and religious way to end a marriage. Speaking only in legal terms, an annulment is almost the opposite of a divorce; instead of ending the marriage and splitting assets between spouses, an annulment treats the marriage as though it never happened. For short marriage, marriages that happened under false pretenses, or marriages that are later discovered to be between two blood relatives, an annulment may be the preferable choice. Here is how to file an annulment:

Difficulty: Moderate

Instructions

1. Qualify for an Annulment
   
   Not every marriage can be annulled. Generally, marriages must meet one of the following criteria in order for eligibility to file:
   
   
   - The marriage occurred under fraudulent circumstances, i.e., one spouse was unaware of the other spouse's mental illness, abusive nature, criminal background, etc. (fraud and/or concealment).
   - The marriage was between two blood relatives who were unaware at the time.
   - One of the spouses was threatened or forced to marry the other.
   - One of the spouses lacked the mental capacity to enter into the marriage.
   - One of the spouses was still legally married to another person at the time of the marriage.
   - The marriage was never consummated.
   
   If your marriage took place under any of these conditions, you are most likely eligible to file an annulment.

2. Meet the Residency Requirement
   
   If both you and your spouse are currently living in the same state where you were married, then you already meet the residency requirement, and should file in that state. If both you and your spouse are not living in the same state you married, but are living in the same state as each other, and your marriage is recognized as valid in your home state, you also meet the residency requirement and can file in the state you are currently residing in.
   
   If you and your spouse live in different states, then you will need to contact the jurisdiction who issued your marriage license to find out what the procedure is for that state. If your spouse is living in a different country and you have no way of contacting them, you can initiate the annulment without his or her participation, but you will be required to make notice of the annulment before it is finalized by taking out advertisements in the local area's newspaper announcing the annulment.

3. Prepare the Forms for Filing
   
   You can pick up the forms you need to file an annulment at the family court in the jurisdiction you are filing it. Either visit the courthouse, or check online to see if the forms are available to download from your state's official website. Fill in both your spouse's and your information, and both of you need to sign it.
   
   Property and money is divided the same way they are split in a divorce. If you and your spouse are on civil terms, sit down and draw up a plan for who is taking what - the house, the cars, the fine china, and so on - and split any money down the line 50/50, except for money that you or your spouse have intentionally kept separate from the marriage. If there are children in the marriage, you should also draw up a plan detailing who is taking full custody of the child, who will be getting visitation, and how much support the non-custodial parent will be paying. If for some reason, you can't work any of these details out, then you will need to argue these points out at your annulment hearing and let the judge decide. Even if you are angry or upset with your soon-to-be ex-spouse, it's always best to try and work these issues out on your own, especially if you have children. Your annulment will be granted much quicker if you can submit a fair plan you both agree to, and have the judge approve and enter it as an order.
   
   Once the forms are completed and your plans have been thoroughly outlined, take all of the documents and file them at the court house where you will be getting the annulment. You will have to pay a filing fee - you and your spouse should split this, to be fair - and once filed, you will receive a date for a hearing that you both must attend.

4. Attend Your Hearing
   
   After filing, the next and pretty much final step to file an annulment is the hearing. Here, you will discuss the terms of your annulment that you agree to with your spouse (or battle to the death if you couldn't come to a mutual decision) and the judge will either agree with your plan if it is fair - which is most likely - or will reject it and ask you to make the appropriate changes. If accepted, the order for the annulment will be signed, and you are done! Otherwise, you will need to wait until an agreeable outline has been accepted by the judge, and attend another hearing to finish the annulment proceedings.

Tips & Warnings

• Some people believe that in order to annul a marriage, you must file for one within the first year of marriage. This is not true; annulments can be filed at any time during the marriage.
• Children born to a marriage that has been annulled are still considered "legitimate" in the U.S.
• The Catholic religion views children born during a marriage that is then annulled as illegitimate, although the wife's obligation to her husband is dissolved and the wife is free to marry again without sinning.