How to Obtain an Annulment
Like divorces, annulments terminate a marriage and allow each person to get remarried. However, annulments are typically much harder to get because they are granted only in limited circumstances. Annulments effectively erase a marriage in the eyes of the law. Because of this, states only grant annulments if one of the parties can show the marriage was based on a mistake or other reason that is contrary to state law or public policy. If you want an annulment, you not only have to meet the requirements, but will also have to petition a judge in your state.
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Instructions
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Talk to an attorney. An annulment erases a marriage and must be granted by a court. However, when a court will or won't grant an annulment is not always easy to determine, so you should at least research the law beforehand. Talking to an experienced attorney is a much better option. If you are unable to afford a lawyer, you can contact your state bar association to find a legal aid program or lawyers who offer pro bono services.
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Determine the basis of annulment. Once you research the law, you must be certain your marriage qualifies for an annulment. The reasons courts can grant an annulment vary greatly, but common reasons include inability to grant consent and fraud as a basis of the marital agreement.
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Draft your petition. Though the procedure for getting an annulment differs from state to state, you will have to ask the court to grant an annulment. This is typically done by filing a petition, sometimes called a complaint, in the county courthouse in which you live. Make sure your annulment petition states the grounds upon which the divorce is based, as well as any other information required by state law.
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File the petition. Contact the civil court clerk in your county and verify what is needed to file your annulment petition. Typically, you need to bring at least two copies of the petition, one for the court and one for the other spouse; however, requirements differ from state to state and county to county.
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Pay the fee. An annulment is a civil proceeding, and as such you will probably have to pay a filing fee. If you are unable to pay the fee, you can seek a a fee waiver that will ask the court to excuse you for paying the fee due to economic difficulty.
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Go to court. You can't get an annulment until the court grants your request, and to do this you'll have to appear before the judge. The clerk will assign your case to a judge when you file it and give you a scheduled hearing date. You must be able to prove that your request for an annulment is legally justified before the court can grant your petition and order an annulment.
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Tips & Warnings
Talk to a lawyer. Annulments are less common than divorce, and the laws surrounding them can be complex. You should always talk to a qualified attorney before attempting any legal action such as an annulment.
References
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