How do I get an annulment of marriage? 27 Answers as of June 14, 2011

I want to start over completely. How do I get an annulment of marriage?

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William Reed
William Reed | William Reed
Annulments are rare nowadays. I suggest you contact a family law lawyer to see if you qualify for one of the very few bases for annulment.
Answer Applies to: Florida
Replied: 6/14/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
It's more complex than you might initially think. Consult with a knowledgeable matrimonial attorney and go for it if you really think it's worth it. It will generally cost you considerably more because you have to do it by a trial and you must get at least one other witness to testify to various things that are necessary to prove an annulment. Good luck.
Answer Applies to: New York
Replied: 6/13/2011
Law Office of James Lentz
Law Office of James Lentz | James Lentz
This is where a term of fashion in the law sometimes is not understood by the layman. In Ohio, an annulment does mean that the marriage never happened, but is only rarely granted. To get an annulment in Ohio you must exhibit some kind of fraud or flaw with the execution or sanctification of the marriage. Please see a local domestic relations attorney for further information.
Answer Applies to: Ohio
Replied: 6/13/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can get an annulment of your marriage ONLY if the grounds and facts in support of annulment exist in your marriage. You don't get to choose to annul a marriage just because you want to erase it. The most common ground for annulment is fraud, but it must be a material fraud going to the very heart of the relationship. The smartest way to seek an annulment is to check both the box for Nullity of Marriage and the box for Dissolution of Marriage, so that the Court can grant you a divorce in case it finds that your grounds, or your facts in support of annulment, do not satisfy the requirements for an annulment.
Answer Applies to: California
Replied: 6/13/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
In Illinois, there are a just few grounds to declare a marriage invalid for annulment One of the parties lacked capacity to consent to the marriage at the time of the marriage ceremony because of mental incapacity or if they were under the influence of drugs or alcohol that inhibited their ability to consent; or a party was induced to enter into the marriage by force, duress or fraud involving the essentials of the marriage; A party lacks the capacity to consummate the marriage by sexual intercourse, and the other party did not know of the incapacity; A party was under the age of 18 and did not have parental/guardian consent or judicial approval; or The marriage is prohibited. There are also time limits that you must adhere to and the time limit to obtain an annulment depends on the grounds. The lack of capacity to consent must be filed with in 90 days, the inablity to consummate - 1 yr, and underage - prior to the time the party reaches maturity.
Answer Applies to: Illinois
Replied: 6/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would recommend that you consult with a divorce lawyer in your community. While each state is different, in Georgia, generally, there are only limited circumstances in which an annulment is the appropriate remedy, and, more often than not, a simple, uncontested divorce is the best, simplest way to go. Again, please talk with a family law attorney where you live about all your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    You must meet the requirements and also do a trial. File the paperwork in the court.
    Answer Applies to: California
    Replied: 6/13/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Annulment is similar to divorce in that it starts with a petition and it terminates a marriage. That said, there are very limited circumstances in which an annulment is appropriate and may be granted. You need to talk to a lawyer about the specifics.
    Answer Applies to: Texas
    Replied: 6/13/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Colorado abandoned the concept & terminology of "annulment" and now refers to determining the "validity" of the marriage. If you can establish one of several specific reasons why the marriage is not valid (such as one person was already married, or one person was too drunk to be able to consent to the marriage), a court can declare the marriage invalid. There are strict time limits applicable to each of the possible reasons, so it is important that you consult an attorney to see whether your specific facts will support a declaration of invalidity.
    Answer Applies to: Colorado
    Replied: 6/13/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    An annulment may be obtained where there is a fraudulent marriage or a bigamous marriage. Generally an annulment is more difficult and costly than a divorce because you must first prove the fraud or bigamous marriage. In California, we are a no fault state which means that a divorce can be obtained for irreconcilable differences. If you have been married under 5 years and have no community property, children or debts, you may qualify to file a Joint Petition for Summary Dissolution, which is less costly. You should contact an attorney for specific information concerning your case.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    In the state of Washington, the term "annulment" no longer exists nor does the procedure for an annulment. To undo a marriage in Washington, you have only three choices: (1) a petition for dissolution of marriage (a divorce); (2) a petition for legal separation; or (3) a petition for validity of the marriage. The closest thing to an annulment that remains in Washington is the petition for validity. However, by statute, it has very limited application. To have a marriage declared invalid, you have to prove one or more of the statutory criteria. These include: that one or both of you were under legal age at the time of the marriage and did not have court permission to marry; that one or both of you were legally married to someone else at the time of the marriage; that one or both of you lacked the mental capacity to consent to the marriage; or that the marriage was procured by fraud. There are other criteria as well. If you don't fit into any of these criteria, then your best bet is the divorce.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can only get an annulment under very specific grounds. It is usually not permitted. If you are looking for an attorney and are in my area, please contact me for a free consultation. I would be happy to discuss the reasons an annulment would be granted.
    Answer Applies to: California
    Replied: 6/13/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You would have to file for annulment and have to have sufficient grounds to get the marriage annulled. Typically, in order to qualify for an annulment, there has to be some type of fraud involved. Generally, a divorce is much simpler to get, as you only need to prove that you no longer want to be married to the person.
    Answer Applies to: Florida
    Replied: 6/13/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington, legally speaking, there are no "annulments;" there are declarations of invalidity if you or your spouse were drunk, incapacitated, etc. when you were married. Probably you just need a divorce which is called a" dissolution of marriage" in Washington.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You will have to prove there was no intent to marry or that one of you was unable to marry.
    Answer Applies to: Connecticut
    Replied: 6/13/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Annulments are difficult to get. You would go through the court like a divorce but you would be seeking an annulment instead.
    Answer Applies to: Connecticut
    Replied: 6/13/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Assume Oregon law applies: Annulments are rare and are based on specific statutory criteria. They do not apply just because you want to erase your marriage.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    An annulment is a religious procedure. Under Washington law there is no provision for a legal annulment. If you qualify, there is a procedure for finding a marriage to be invalid. Consult with an attorney in your area as to your specific situation.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Annulments are very rare and can only be acquired if there was a problem with the solemnization of the marriage at the time it occurs. The most common basis for an annulment would be coercion or fraud.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    If fraud, coercion, or the like was involved, it is possible, but if the marriage was "consummated," I don't think annulment is available. You will just have to get divorced if you can't reconcile. Stay well.
    Answer Applies to: Alabama
    Replied: 6/10/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Generally, you are eligible for an annulment if one spouse was defrauded into getting married, if a spouse lacked capacity to consent to the marriage; or if one of you was already married. The process for obtaining an annulment is the same as for a divorce.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The answer almost always is that you cannot. If your marriage was legal when it happened, you must get a divorce. Grounds for annulment vary by state but a very narrow (such as marrying someone who is already married, or underage).
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    In California, annulment in only available if certain circumstances exist, such as bigamy, incest, fraud, etc. Do a Google search for annulment, and you'll learn the facts that need to exist. Keep in mind that to get an annulment, you need to go to court to prove the facts that would warrant an annulment. If such facts don't exist in your case, then you need to simply get a divorce by filing a divorce petition with the court.
    Answer Applies to: California
    Replied: 6/10/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    There has to be a reason for the annulment. I would get in touch with a local divorce attorney and get a consultation to figure out what your state's requirements are.
    Answer Applies to: Utah
    Replied: 6/10/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, annulments are difficult. You must allege a reason for the annulment such as incapacity, fraud...
    Answer Applies to: Washington
    Replied: 6/10/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    In Georgia, an annulment is available only if the marriage was invalid in the first place - such as one of you was already married to someone else and that marriage had not been dissolved, or the marriage was fraudulently obtained, etc. You need to consult with an attorney about the specifics of your case to see if an annulment is available in your situation.
    Answer Applies to: Georgia
    Replied: 6/10/2011
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