Annulment Decree

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Annulment Decree

Last Updated on: May 2, 2026

Annulment Decree: What It Is & How It Differs from Divorce

An Annulment Decree is a court order declaring a marriage legally invalid, as if it never happened. Unlike divorce, which ends a legally recognized marriage, an annulment erases the marriage from legal records due to reasons such as fraud, coercion, or incapacity.

Common Reasons for an Annulment

Fraud or Misrepresentation – One spouse misled the other about an essential fact (e.g., hidden previous marriage).
Lack of Consent – One or both parties were under duress or incapable of giving informed consent.
Bigamy – One spouse was already legally married to someone else.
Underage Marriage – A spouse was underage and lacked legal permission to marry.

How to Obtain an Annulment Decree

File a petition for annulment with the appropriate court.
Provide evidence supporting your claim (e.g., witness statements, documents).
Attend a court hearing, where a judge determines whether an annulment is granted.

Frequently Asked Questions

What is the difference between an annulment and a divorce?

An annulment declares a marriage void as if it never occurred, while a divorce dissolves a valid marriage. Annulments have a shorter statute of limitations and stricter grounds, typically based on defects that existed before or during the marriage ceremony.

How long do I have to file for an annulment?

The time limit for filing an annulment varies by state and grounds claimed. Some states have a statute of limitations ranging from 30 days to several years after marriage, while others have no time limit for certain grounds like fraud.

Can I get an annulment if we have children?

Yes, you can obtain an annulment even if you have children together. However, child support, custody, and visitation rights are still determined by the court, regardless of whether the marriage is annulled or divorced.

How do I obtain a copy of an annulment decree?

You can request certified copies of an annulment decree from the court clerk in the county where the annulment was granted. Fees typically range from $10 to $30 per copy, and you can often request them by mail or in person.