Is it annulment if we were married less than a year? 36 Answers as of July 08, 2013

After you get marreid and in less than a year you get divorced I think its called an annulment. Can she walk away with any thing that belonged to me and not hers before we got married? What is she intitled to?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
No, it's not annulment. However, there are some limited grounds that an annulment can be based. One year is a short term marriage and most courts would look to simply restore both of your financial standing prior to marriage unless there were some unusual exceptions.
Answer Applies to: Wisconsin
Replied: 7/14/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
In Illinois, there are a just few grounds to declare a marriage invalid or for an 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. The time limit to obtain an annulment depends upon the grounds: Lack of capacity to consent to the marriage : either party may petition, but the petition must be filed no later than 90 days after the petitioner obtained knowledge of the grounds. Inability to consummate the marriage : either party may petition, but the petition must be filed within one year after the petitioner obtained knowledge of the grounds. Underage party : that party or guardian, may petition for annulment prior to the time that underage party reaches the age at which marriage is permitted.
Answer Applies to: Illinois
Replied: 7/13/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
An annulment has nothing to do with time. It appears you will need to go through the dissolution (divorce) process.
Answer Applies to: Washington
Replied: 7/8/2013
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
In Washington an annulment is a religious procedure, not a legal procedure. It does not matter how long you were married before you get divorced, the process is the same. While it is up to the court to decide based on the specific facts of the case, normally each party will keep any property they brought into the marriage and divide any property that they acquired during the marriage.
Answer Applies to: Washington
Replied: 7/12/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
In California, there is a procedure which is called a Joint Petition for Summary Dissolution. Each of you would keep all property which you accumulated prior to the marriage. It is a streamlined procedure to reduce costs and paperwork.
Answer Applies to: California
Replied: 7/12/2011
    Osterman Law LLC
    Osterman Law LLC | Mark D. Osterman
    An annulment is possible if you agree. But the law is specific about conduct to get it annuled. But the annulment is not going to get a divorce settlement. You should be dividing the wedding gifts and debts. But as I said, to get the annulment you need some cooperation and that means agreement. Good Luck.
    Answer Applies to: Indiana
    Replied: 7/12/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Colorado does not provide for an annulment. Instead, under certain circumstances (for example, both parties were too drunk to legally consent to marriage or one party was not yet divorced from another person) a court may issue a decree determining that the marriage was invalid. You need to talk to an attorney to discuss the specifics if you feel there is some reason the marriage should be set aside (that is not the same thing as a divorce). The length of the marriage does not indicate whether you can declare the marriage invalid or get a divorce, but some of the reasons for declaring it invalid require you to file no later than one year. Simply deciding you made a mistake and don't want to be married does not justify a declaration of invalidity. In either a declaration of invalidity or a divorce, property you owned before the "marriage" remains your separate property free of any claim by her. A court would need to decide how to treat any property acquired after the "marriage" date.
    Answer Applies to: Colorado
    Replied: 7/12/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    A divorce even after one day of marriage is still a divorce. Annulment is the act of declaring the marriage void as a matter of law (ie: the Court says due to some legal gotcha, you were never married). Your stuff prior to marriage is separate property. There are some tracing issues, particularly if you co-mingled property, but the short answer is that she is not entitled to anything you owned prior to marriage unless she can show she owned half of the property prior to marriage as her separate property - that may sound counter-intuittve but it actually works.
    Answer Applies to: Texas
    Replied: 7/12/2011
    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. In terms of how the property gets divided up, that will depend on the exact circumstances of your situation. However, in general, in a short term marriage, to the extent practicable, the court is going to try to put the two of you back into the situation you were in just prior to the marriage.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Annulments are granted only under certain circumstances, otherwise you need to file for a divorce. In a marriage of such short duration, each of you will, probably take out of the marriage what you brought into it.
    Answer Applies to: Michigan
    Replied: 7/12/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    In Florida annulment is by statute and very specific. Duress or mental incompetency, see the annulment statute of the specific grounds.
    Answer Applies to: Florida
    Replied: 7/12/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You are asking the right question, but I would need to explain the law to you. Annulment may help you. I can help you with this. And I will tell you up front what it will cost to do this for you.
    Answer Applies to: New Jersey
    Replied: 7/12/2011
    Deal & Hooks, LLC
    Deal & Hooks, LLC | Shawn P. Hooks
    An annulment is specifically defined by Ohio law and can only be granted in very narrow circumstances. The fact that you were married less than a year does not, alone, entitle you to an annulment. Separate property that was yours before your marriage should stay yours in the divorce, and the same for her. It is unlikely that spousal support would be awarded. If there are children from the marriage child support may be something she gets. Otherwise, she is entitled to an equitable share of the marriage assets. Usually this is an even split with marital debts factored in.
    Answer Applies to: Ohio
    Replied: 7/12/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    There are specific legal rules in order to obtain an annulment. If you were married legally and you engaged in sexual intercourse they you will not likely qualify for an annulment. In California we have "community property" laws and when you retain a lawyer he can assist you to determine what assets your spouse may be entitled to.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, the grounds for annulment (Va. Code Sec. 20-89.1) differ from those required for divorce (Va. Code Sec. 20-91) and being married for less than a year has nothing to do with either. The answer is no to your second question and "she" may only have a valid claim to marital property jointly acquired during the marriage.
    Answer Applies to: Virginia
    Replied: 7/12/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If a marriage doesn't work out, whether for less or more than a year, it is dissolved by Dissolution of Marriage (commonly known as divorce). Annulment is only allowed when valid grounds for annulment exist. Property owned by either party before marriage is that party's separate property. Your wife is not entitled to your separate property. She is only entitled to her own separate property and 1/2 of the net community property (if any exists).
    Answer Applies to: California
    Replied: 7/12/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    It would still be a divorce and in marriages as short as yours it the could would likely leave you two with what you came into the marriage with.
    Answer Applies to: Connecticut
    Replied: 7/12/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    An annulment is different than a divorce. An annulment is like you were never married.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, annulments in Georgia are limited to a few statutory situations and, for most people, a simple uncontested divorce would be the preferable way to go. You should retain a divorce attorney to advise you about your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 7/11/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    An annulment is not a marriage that ends within a year. An annulment is a court declaring that the marriage never took place.
    Answer Applies to: Connecticut
    Replied: 7/11/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Ohio, an annulment refers to an action to end a marriage that was entered into fraudulently by one of the parties. There must be a flaw in the marriage process. Pre marital assets usually continue to belong to the party who brought them into the marriage PROVIDED they are not comingled with marital assets. Please see a local domestic relations counsel to discuss the specifics of your case.
    Answer Applies to: Ohio
    Replied: 7/11/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    The time of a purported marriage might - or might not - be relevant to whether an annulment will be granted.
    Answer Applies to: Nevada
    Replied: 7/4/2013
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    Annulment is a term used oft by the church. In the civil law, a marriage may be dissolved for being void. There are a few reasons this may be the way a case is filed and they do depend on the facts of the particular case. In Rhode Island, divorce is structured to divide MARITAL assets, so, if you bought a house together, that will have to be divided. Other assets that have been commingled (Bank Accounts etc.) are also subject to equitable division. Premarital assets that have not been commingled, nor transmogrified, are generally outside the scope of a divorce action for equitable division.
    Answer Applies to: Rhode Island
    Replied: 7/11/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    An anullment does not depend on the length of the marriage. In order to have an anullment, there must have been some coersion, fraud, or material misrepresentation at the time of the marriage such as a marriage that occurred forgaining immigration status.
    Answer Applies to: Minnesota
    Replied: 7/12/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    There is no such thing as an "annulment" in Washington. She's entitled to a fair and equitable division of your debts and assets. Often, with such a short term marriage, the court will send you both back to where you were financially but the court does what is fair in your circumstances.
    Answer Applies to: Washington
    Replied: 7/11/2011
    The Reed Law Firm, P.L.L.C.
    The Reed Law Firm, P.L.L.C. | Vanessa Reed
    An annulment is not based on the length of the marriage. So long as you were validly married, i.e. there was no fraud, duress, undue influence, or lack of capacity issues, you must get a divorce. An annulment is only for marriages that were not valid at the time of inception, for the reasons set forth above. The length of the marriage is irrelevant. You could be married only two weeks, but, so long as it was a valid marriage, you must get a divorce.
    Answer Applies to: Virginia
    Replied: 7/11/2011
    Edward Papa, Esq.
    Edward Papa, Esq. | Edward Papa
    It is a divorce, unless one of you specifically brings an annulment action which is similar to a divorce but has different grounds*, notably being some defect in the consummation of the marriage or a fraud. For example, if a couple marry but never live as man and wife then you could get an annulment For example, where the couple married but broke up before the honeymoon. Also, if a spouse lied about their ability or intention to have children that would be an annulment case. As to property, in either case, you could have marital/joint property from the outset - wedding gifts. Separate property that has not been converted to marital property or gifted to your spouse remains separate. You need to hire an attorney to protect your separate property and to make sure you get the best result under NY equitable distribution. * grounds for annulment a.) If either spouse is incurably incapable of having sexual intercourse, the marriage may be annulled. b.)Both parties must be over the age of 18 years. A marriage between persons under the age of 18 years may be annulled, at the discretion of the Court, if the spouse under 18 wants an annulment. c.) If, after marriage, either partner becomes incurably insane for five years or more, the marriage can be annulled. However, the sane spouse may be required to support the insane spouse for life. d.) The parties must knowingly consent to the marriage. It may be voided if either spouse consents to marry as a result of the force or duress of the other spouse; or either spouse cannot understand the nature, effect and consequences of marriage. e.) The marriage may be annulled where the consent was obtained by fraud, provided the fraud was such that it would have deceived an ordinarily prudent person and was material to obtaining the other party's consent. The fraud must be such as to go to the essence of the marriage contract. Only the injured spouse can obtain the annulment on lack of consent.
    Answer Applies to: New York
    Replied: 7/11/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    To obtain an annulmnet, you must show fraud or lack of capacity. The length of the marriage is irrelevant. You will need to obtain a dissolution of your marriage. You'll probably be able to keep your pre-marital property in a short-term marriage.
    Answer Applies to: Oregon
    Replied: 7/11/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No, it is only annulment if there was some sort of fraud, deceit, impotency that was not disclosed, etc. The length of time of the marriage is irrelevant, and it is much easier to get divorced than to get a marriage annulled.
    Answer Applies to: Florida
    Replied: 7/11/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Under Georgia law, you can get an annulment only if the marriage was invalid from the beginning (I.e., one person was already married, or under age, or so drunk they didn't know they were getting married). Since your marriage was not invalid, the only option is divorce. Each of you would be entitled to your separate property - whatever you brought into the marriage - as long as it wasn't commingled. Any property and debt acquired during the marriage would be subject to equitable division and given that the marriage was so short there shouldn't be any likelihood of alimony for either party. There are no entitlements regarding property and debt division - if you cannot decide how to divide marital debt and property, the judge will do it for you according to what he or she thinks is fair given the circumstances of your case.
    Answer Applies to: Georgia
    Replied: 7/11/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The proper legal solution would be a summary dissolution. She is not entitled to the separate property you had before the marriage.
    Answer Applies to: California
    Replied: 7/11/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    An annulment is not possible under those facts. The length of time is irrelevant. You would need to see a lawyer and get a divorce.
    Answer Applies to: Georgia
    Replied: 7/11/2011
    Law Offices of Lopez, Pyrchalla & Kaufman, LLC
    Law Offices of Lopez, Pyrchalla & Kaufman, LLC | Russell I. Kaufman
    Getting divorced in less then a year does not make it an annulment. You can be married for a day and still get a divorce. You could be married for years and your marriage could be declared invalid. The court will equitably divide your marital estate in a divorce. Usually any premarital funds remain premarital. However, if funds were co-mingled this might not be the case.
    Answer Applies to: Illinois
    Replied: 7/11/2011
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    Annulments are based on certain factors, with the most common being a claim of fraud. It doesn't sound like your marriage qualifies. The property you bring into the marriage remains your separate property unless there is co-mingling.
    Answer Applies to: Arizona
    Replied: 7/11/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    There are specific reasons/requirements to get an annulment , it is not automatic . Often in short term marriages, both parties leave with what they started with and split debt.
    Answer Applies to: Wisconsin
    Replied: 7/11/2011
Click to View More Answers:
12 3 4 5 6 Free Legal QuestionsConnect with a local attorney