How do I get an annulment of marriage? 21 Answers as of July 12, 2013

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

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
My recollection is that if the relationship was "consummated," then annulment is not available. Divorce is of course an option. If you have kids, try to work it out until the kids are grown.
Answer Applies to: Alabama
Replied: 6/24/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You don't get to annul a marriage merely because you want to start afresh. In order to get an annulment, you need to have proper grounds and evidence supporting the grounds for annulment. The most common ground for annulment is fraud, but it must be a fraud that goes to the heart of the marriage relationship. If you file for annulment, you would be wise to also request a Dissolution of your marriage, so that if the Court declines to grant the annulment, it will still allow you to obtain a divorce without having to start the process all over from the beginning to dissolve your marriage.
Answer Applies to: California
Replied: 6/21/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You must show a legal basis for the annulment such as lack of capacity, no solemnization, a prior undissolved marriage, fraud.
Answer Applies to: Washington
Replied: 6/20/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
An annulment is more complicated than a divorce because it takes other witnesses to prove your case. It is based upon alack of a "Meeting of the Minds"of the parties to the marriage. Usually, it takes the form of one party wanting children and the other claiming the same thing before the marriage and then later saying they never wanted children and only lied in order to get their spouse to marry them. The problem is you'll need a witness to verify that before the court. Speak to an experienced matrimonial attorney about the matter. Good luck.
Answer Applies to: New York
Replied: 6/17/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
In general you have to claim the marriage was void at its inception or that one of you did not intend to marry.
Answer Applies to: Connecticut
Replied: 6/16/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law there is no such thing as an annulment - that is a religious procedure. You may be able to have the court find that the marriage was invalid if you qualify under the statute. Consult with an attorney about the specific facts of your case.
    Answer Applies to: Washington
    Replied: 6/16/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Colorado no longer has a procedure for annulment. Instead, you might be able to pursue a case to have the marriage declared invalid. There are a number of reasons that a marriage might be declared invalid, but simply having a change of heart isn't one of them. You should consult an attorney to discuss the exact facts that you believe justify re-writing history to rule that the marriage, in effect, never happened. Depending on the specific reasons, there are number of strict deadlines for when you must do something so you should not wait to find out how your situation fits into the applicable law.
    Answer Applies to: Colorado
    Replied: 6/16/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You need to file a request for an annulment. It is a legal process much like seeking a divorce.
    Answer Applies to: California
    Replied: 6/16/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    An annulment is procedurally similar to a divorce. Petition, service or waiver, answer if applicable, hearing for evidence. The major differences are (1) no minimum wait period for an annulment - there is a 60 day wait period for a divorce, and (2) there are only six grounds for annulment and you must plead and prove one of them - we have no fault divorce.
    Answer Applies to: Texas
    Replied: 6/15/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Must read state statute, in Florida mental incapacity or forced marriage.
    Answer Applies to: Florida
    Replied: 6/15/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    There is really no such thing in the state of Washington any more as annulment. Currently, there are really only three choices. They are: divorce, legal separation, or declaration of validity. A divorce is the standard method of unwinding a marriage. The marriage is dissolved; the property, debts, children, etc. are all divided. A legal separation leaves the two of you married, but separates the two of you financially. It is typically used for those people who, for religious reasons, cannot get divorced. A declaration of validity has very limited use. It is aimed at those situations in which the couple should never have been married in the first place. An example of one such situation is: suppose that you were both too drunk to realize what you were doing when you got married, and, upon sobering up, realized your mistake and never ratified the marriage by living together as husband and wife. In that situation, the court would probably declare the marriage invalid. There are a few other such situations outline in the statute, but they are of very limited application. Probably, you, and most people out there, are looking at a divorce.
    Answer Applies to: Washington
    Replied: 6/15/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    A lot depends on the law of the state that you live in. Do you live in New Jersey? Or does the other person live in New Jersey?
    Answer Applies to: New Jersey
    Replied: 7/12/2013
    Theiler & Mourtos Attorneys at Law
    Theiler & Mourtos Attorneys at Law | Devan J. Theiler, Esq.
    In Order to get an annulment, rather than a divorce, you must prove very specific criteria. These criteria include, but are not limited to, one or both of you being underage at the time you marriage, being related to one another by a degree prohibited by law, etc. It is highly unusual for a typical couple to qualify for an annulment, regardless of the length of the marriage (ie, popular belief that you can get an annulment rather than a divorce if it is done within a short time period after marriage is incorrect). I recommend that you consult with a divorce attorney in your area and who should both be able to tell you whether you qualify for an annulment and, if not, help you plan for the divorce.
    Answer Applies to: New Jersey
    Replied: 6/15/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    The simple answer is that, in Georgia, generally, annulment, which is generally limited to a few narrow set of circumstances, is not the answer, and that a simple, uncontested divorce would be the better option. But retain a divorce lawyer to go over your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 6/15/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    Annulment of a marriage, at least in Pennsylvania, is rare. Annulment is only available when there is fraud, one person was underage, or a similar problem. The grounds for obtaining an annulment are found in 23 Pa.C.S.A. 3305:
    (1) Where either party to the marriage was under 16 years of age unless the marriage was expressly authorized by the court.
    (2) Where either party was 16 or 17 years of age and lacked the consent of parent or guardian or express authorization of the court and has not subsequently ratified the marriage upon reaching 18 years of age and an action for annulment is commenced within 60 days after the marriage ceremony.
    (3) Where either party to the marriage was under the influence of alcohol or drugs and an action for annulment is commenced within 60 days after the marriage ceremony.
    (4) Where either party to the marriage was at the time of the marriage and still is naturally and incurably impotent unless the condition was known to the other party prior to the marriage.
    (5) Where one party was induced to enter into the marriage due to fraud, duress, coercion or force attributable to the other party and there has been no subsequent voluntary cohabitation after knowledge of the fraud or release from the effects of fraud, duress, coercion or force.
    Answer Applies to: Pennsylvania
    Replied: 6/15/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    First you need to meet the criteria for an annulment which is different from a divorce. The process goes through court just like divorce. Whether you can get an annulment vs. a divorce will depend on many factors. I suggest you speak with an attorney on this issue.
    Answer Applies to: Connecticut
    Replied: 6/15/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    To get an annulment, you have to go to a court hearing to prove the existence of certain facts which make the marriage void, such as fraud, incest, bigamy, etc.
    Answer Applies to: California
    Replied: 6/15/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Washington doesn't have "annulments." Washington has declarations of invalidity - if you were drunk, otherwise incapacitated, or frauded at the time of marriage.If those facts do not apply,just get a divorce.
    Answer Applies to: Washington
    Replied: 6/15/2011
    The English Law Firm
    The English Law Firm | Robert English
    Depends on the jurisdiction. In California, a nullity can be based on a number of factors including fraud, unsound mind, force or fear, and voidable marriage.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You file a Petition to Annul the Marriage. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/15/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Generally you do not. To get an annulment your marriage had to be illegal the moment it happened (such as marrying someone who was already married or under age). In most marriages if you want out you need a divorce.
    Answer Applies to: Georgia
    Replied: 6/15/2011
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