What are the requirements for an annulment?

Q: What are the grounds for annulment?

Common grounds for annulment include lack of capacity to marry, fraud, coercion, or if one party was already married. If your spouse was married to someone else when you wed, this could be a valid reason for seeking an annulment.

Q: How long do I have to file for an annulment?

The time limit to file for an annulment varies by state. Generally, you should file as soon as you discover the grounds for annulment. In some states, you may have a few months to a couple of years, depending on the circumstances.

Q: Can I get an annulment if my spouse divorced after our marriage?

Yes, you can still seek an annulment even if your spouse divorced after your marriage. The key factor is whether the prior marriage was undisclosed at the time of your marriage, which can support your case for annulment.

Q: What is the difference between annulment and divorce?

The primary difference is that an annulment declares a marriage invalid from the start, while a divorce ends a valid marriage. Annulments are typically based on specific legal grounds, such as fraud or incapacity.

Full question:

I found out my husband was still married when we got married. He divorced after we were married, can I take him to court on my own for annulment?

Category: Divorce
Subcategory: Annulment
Date: 04/07/2025
State: South Carolina

Answer:

Annulment may be granted for an undisclosed prior marriage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is an annulment?

An annulment is a legal procedure that declares a marriage null and void, as if it never happened. It is different from divorce, which ends a valid marriage. Grounds for annulment can include fraud, coercion, or a partner being already married at the time of the marriage.