Annulment: What It Means Legally and When It Applies

Definition & Meaning

An annulment is a legal ruling that declares a marriage null and void, meaning it was never legally valid. Unlike divorce, which ends a valid marriage, an annulment treats the marriage as if it never existed. This legal process can be initiated for various reasons, and the specific grounds for annulment may differ based on local laws.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A person discovers that their spouse concealed a previous marriage that was never legally dissolved. This could be grounds for annulment.

Example 2: A partner misrepresented their ability to have children, leading the other to believe they could start a family. This misrepresentation could also justify an annulment. (hypothetical example)

State-by-state differences

State Grounds for Annulment
California Fraud, force, mental incapacity, and physical incapacity
New York Fraud, lack of consent, and mental incapacity
Texas Fraud, duress, and lack of capacity

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Annulment Declares a marriage null and void. Treats marriage as if it never existed.
Divorce Legally ends a valid marriage. Recognizes the marriage existed prior to dissolution.
Legal Separation Formal arrangement where spouses live apart but remain legally married. Does not dissolve the marriage.

What to do if this term applies to you

If you believe you have grounds for an annulment, consider the following steps:

  • Consult with a legal professional to understand your options and the process in your state.
  • Gather any evidence that supports your claim for annulment.
  • Explore US Legal Forms for templates that can help you file for annulment.

Complex cases may require professional legal assistance.

Quick facts

  • Typical fees: Varies by jurisdiction
  • Jurisdiction: Family law courts
  • Possible grounds: Fraud, coercion, lack of capacity

Key takeaways

Frequently asked questions

Annulment declares a marriage invalid, while divorce ends a valid marriage.