How to Obtain a Civil Annulment

A civil annulment is a legal decision dissolving a marriage. Civil annulment differs from divorce in that the marriage is regarded as not having been in effect. Civil annulment is usually granted by a judge and is subject to the specific laws of each state. Generally, a civil annulment is the result of proving that certain circumstances existed at the time of marriage that rendered legal consent to the marriage impossible. Civil annulments are most often granted for short marriages, but can also be granted for longer unions, including those with children and common assets.

• 1

  Determine valid reasons for a civil annulment. Civil annulments are more difficult to obtain than divorces. Most states grant civil annulments only in specific situations, so check with the laws of your state first. Generally, states will grant civil annulment in cases of consanguinity (you both share an Aunt Alma), fraud, concealment or misrepresentation, such as an unknown drug or alcohol addiction or one partner lying about wanting children. States will grant annulments in cases in which age or other mental incapacity prohibited the ability to truly consent to the marriage. Failure or refusal to sexually consummate the marriage is also grounds for civil annulment.

• 2

  Determine whether you can file. In many states, only the innocent spouse can file a request for an annulment. The innocent spouse is generally the one who is regarded as the victim in cases where fraud or misrepresentation are valid. The innocent spouse would also be the non-refusing party on non-consummation grounds.

• 3

  Obtain attorney representation. Annulment cases are difficult and must be brought before a judge. An attorney can assess your case for eligibility to obtain an annulment, develop a strategy for presenting your case before a judge and provide legal advice on what to expect in the state, county and court where your case will be presented for decision.