An annulment is a decree that states a marriage was invalid from its onset. It undoes a marriage such that, in the eyes of the law, your marriage never existed. A divorce is a legal act that brings a valid marriage to an end. Most people seek annulments because it allows them to remarry in their church -- it essentially wipes their slate clean. The time you are married makes no difference when applying for an annulment; however, there are requirements you must meet to qualify for an annulment.
Annul Your Marriage
Make sure your marriage qualifies for an annulment. The grounds on which you can qualify are lack of mental capacity; lack of physical capacity to consummate the marriage sexually; being under the age of 16; being age 16 or 17 without parental consent; or having a marriage that is illegal, such as a polygamous marriage. If you are unsure if your marriage qualifies, consult an attorney.
Get an annulment form from the Clerk of Courts in your county. Submit the original form, plus three copies to the court. There will be filing fee to pay when submitting your annulment form this ranges from $184.50 to $194.50.
Serve your spouse with the court documents. You can have a friend, certified process server or law enforcement officer serve the documents. This legally informs them that you have filed for an annulment of your marriage and inform them of the court date and time of the hearing.
Attend the court hearing. You will not have this added step of a court hearing to worry about if your spouse does not contest the annulment. If a hearing is necessary, it is up to the judge to decide whether or not to grant you an annulment.
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