How to File an Annulment

There are certain situations where an annulment is necessary. Not every situation is covered by an annulment and in all 50 states the rules may vary on how you go about getting one done. In all states however they fall into two categories. The marriage is declared a void marriage or a voidable marriage. But exactly how do you do it?

• Meet one of the following to file for an annulment:
  
  
  1. The marriage was fraudulent. Could be for many reasons such as STD’s, criminal history, impotence, etc.
  
  
  2. Not having the mental capacity to enter into a marriage.
  
  
  3. Close blood relationship (consanguinity)
  
  
  4. One of the two was still married when the marriage occurred.
  
  
  5. Married under duress or force.
  
  
  6. One party was impotent and unable to consummate the marriage.
  
  
  7. One or both were not legally old enough to be married.
  
  


• Comply with the residency requirements. If you both live in the state where you were married you have met it and should file there. If you both live in the same state but not your marriage state you may meet the residency requirement. If you are both in different states you will need to find out from the state you were married in and see what the procedure is. If your spouse is out of the country and you cannot contact them you can file without them but must make notice of the intent using local newspapers to announce the annulment.


• Pick up the forms at the local courthouse in the jurisdiction you are filing in. They may be available online as well. You both need to sign the forms. Property and money are split much in the same way as in a divorce. If there are children a plan must be done to determine custody and/or support if necessary. If you have items you cannot settle the annulment judge will do it for you.


• File the forms and paperwork and submit to the courthouse where the annulment will be granted. You will have to pay a filing fee and they will set a date for the hearing. You both must attend.


• Attend the hearing and discuss the terms of the annulment. If the judge does not like the terms or you both do not agree he/she will ask you to make changes. If the judge does agree the annulment will be signed and you will have your annulment.