Grounds for Annulment: Do You Qualify?

Annulment is often seen as a way to end a marriage by declaring it legally invalid from the start. However, not all marriages qualify for annulment. Unlike divorce, which dissolves a valid marriage, an annulment essentially erases the marriage, treating it as though it never existed. But to obtain an annulment, specific legal grounds must be met.

In this post, we’ll explore the key grounds for annulment, helping you understand whether or not your situation may qualify.

1. Fraud and Misrepresentation

One of the most common grounds for annulment is fraud or misrepresentation. In this context, fraud refers to any intentional deception about a critical aspect of the marriage that, had the other party known, would have affected their decision to marry.

Examples of Fraud and Misrepresentation:

Hiding a Previous Marriage: If one spouse did not disclose that they were already married or had been married previously, this could qualify as fraud. Marriage requires openness about marital history, and withholding this information can invalidate the agreement.
Lying About Major Life Goals: Misrepresentation can also include lies about one’s intentions, such as a spouse falsely claiming they want children when they do not, or pretending to be financially stable when they aren’t.

For an annulment based on fraud, the deceit must involve a fundamental part of the marriage agreement. Minor disagreements or exaggerations typically do not meet the legal standard required for annulment. If deception around a critical issue is proven, however, an annulment may be granted.

2. Bigamy or Incest

Bigamy and incest are two circumstances that automatically make a marriage invalid. These situations are not only grounds for annulment but also constitute violations of marriage laws in many states.

Bigamy: Bigamy occurs when one spouse is already legally married to someone else at the time of their new marriage. Since it is illegal to be married to more than one person simultaneously, any marriage involving a spouse who is already married can be annulled.
Incest: Marrying a close relative is generally prohibited by law and is considered grounds for annulment. Each state has specific rules about what qualifies as incest, but typically, marriages between close family members (e.g., siblings, parent and child, or first cousins) fall under this category.

Bigamy and incest are clear-cut grounds for annulment, as both situations invalidate the legal foundation of the marriage. If these issues apply to your situation, an annulment can typically be obtained more easily than with other grounds.

3. Incapacity or Coercion

Mental incapacity and coercion are also valid grounds for annulment, as they interfere with one’s ability to freely and knowingly enter into marriage.

Mental Incapacity: For a marriage to be valid, both parties must have the mental capacity to understand the commitment they’re making. If one or both spouses were incapacitated at the time of marriage—due to mental illness, intoxication, or cognitive impairment—the marriage may be considered invalid. The person must be unable to comprehend the nature of marriage and its implications at the time of the ceremony.
Coercion or Duress: Marriage is a voluntary union, and both spouses must enter into it willingly. If one spouse was forced or pressured into the marriage under threat or duress, the marriage can be annulled. Examples include threats of physical harm, emotional manipulation, or significant external pressure from family members or others.

If a person is married while under extreme pressure or without the ability to make a free choice, they can seek an annulment based on these grounds.

4. Underage Marriage

Marriage laws require individuals to be a certain age to marry legally, usually 18. In some cases, individuals younger than this legal age can marry with parental consent or a judge’s approval. However, if one or both parties were under the legal age to marry and did not obtain the necessary consent, the marriage can be annulled.

Legal Age Requirements: Most states set the legal marriage age at 18, but younger individuals may marry with proper consent. If someone underage marries without meeting these requirements, the marriage is invalid in the eyes of the law.
Lack of Parental or Judicial Consent: If the marriage took place without parental or court approval when it was required, this can also be grounds for annulment.

Annulment for underage marriage is typically easier to obtain if the marriage was entered into without the proper permissions.

Is Annulment Right for You?

If your marriage fits any of these grounds, you may be able to pursue an annulment rather than a divorce. Keep in mind that annulments often require proof of the specific condition that makes the marriage invalid. Each case is unique, and understanding these grounds can help you make informed decisions about the best legal path forward. There are also many misconceptions about annulments to be aware of.

Our team can guide you through this process, clarify your options, and help you determine if annulment is the right step for your situation. Contact us today for a consultation, and let us assist you in finding the solution that aligns with your needs.