Although divorce is more common, some people prefer to get an annulment to end their marriage. But while you can get a divorce at any point after marrying, you can only get an annulment during a relatively short time frame.

The exact window varies from state to state, and this isn’t a decision to rush. This article explains in more detail how long after marriage you may be able to get an annulment and what happens if you miss that window.

What is an annulment?

An annulment is a legal proceeding similar to divorce. The main difference is that an annulment retroactively declares a marriage void and invalid, effectively making it as if it never happened.

Grounds for annulment: When can you get an annulment?

An annulment is available only under certain circumstances in which there’s some serious defect in the underlying marriage. These grounds vary depending on where you were married. Some common grounds include: 

How long do you have to get an annulment after marriage?

Generally speaking, the marriage annulment time frame is very short. The specific deadlines for filing for annulment depend on your state law and the particular grounds for annulment. 

For example, in Colorado, the deadlines for some grounds for annulment include: 

And in California, the following deadlines apply to file for annulment: 

An experienced family law attorney can discuss the specific laws in your state and advise you on your case. 

What happens if you miss the marriage annulment time frame?

If a state law sets a deadline to file for an annulment and you miss that deadline, unless certain extenuating circumstances exist, you likely can’t end your marriage this way. Instead, you may want to consider divorce.

Annulment process

Once you have a legal reason for an annulment, the process is similar to the divorce process.

1. Decide whether to hire an attorney

Just as in an divorce, important rights are at stake in an annulment. Many people find it beneficial to hire a lawyer to protect their interests, advise them of their options and represent them in negotiations and in court.

2. File the paperwork

You typically file paperwork in the county where you or your spouse lives. Your annulment petition should state the reason for the annulment and address how you want any issues, such as property division, to be resolved. 

3. Serve the papers

You then must serve your spouse with annulment papers in whatever way your state’s law requires. This typically means personal service by a person 18 or older who isn’t you. Many people hire a process server or local sheriff for this task.

4. Wait for a response

After your spouse receives your petition, they have a certain amount of time to respond by filing either a motion or an answer in court. The time varies depending on the state, but it’s typically somewhere between 20 and 30 days.

5. Mediation

Depending on your state, you may be required to attend mediation to attempt to reach a resolution on some or all the issues of your annulment petition. You may also choose to attend one or more mediation sessions to try to negotiate a settlement with your spouse.

Mediation is a form of alternative dispute resolution in which a neutral third-party mediator helps you and your spouse try to reach an agreement. The mediator isn’t a decision-maker; rather, they help you talk through the issues you’re facing and suggest possible resolutions. 

If you can reach an agreement during mediation, you and your spouse sign a settlement agreement. An attorney submits the settlement to the court for approval, along with any other documents needed to finalize your annulment.

Mediation can save significant time and money compared with taking your case to trial. Even if you can agree on only some issues, it can cut down on discovery and litigation costs. 

6. Discovery and litigation

If you and your spouse can’t reach an agreement, your case proceeds through the litigation process. This may include discovery procedures—such as exchanging documents, deposing witnesses and answering questions under oath—for both sides to gather information. You may also need to make several court appearances to resolve any disputes that may arise in the discovery process. For example, if your spouse refuses to respond to your discovery requests, you may need to go to court to compel them to comply.

You can continue negotiating with your spouse during this time up until trial. Sometimes the information you gather through the discovery process can help you reach a settlement outside of court.

7. Trial

If you don’t resolve your case, it proceeds to trial. A judge examines all the evidence in the case and decides whether to grant the annulment. They also decide any related issues, such as property division, child custody and child support.

How long does it take to get an annulment?

The annulment process from start to finish can take anywhere from a few months to multiple years. It depends on the particular circumstances surrounding your case, including the following factors.

Jurisdiction

Different jurisdictions may have a deadline for parties to file for an annulment. So if you file for annulment in a state with a shorter deadline, you may have to finalize the process more quickly than in other jurisdictions. 

Unfortunately, you can’t pick your jurisdiction. You can only pursue an annulment in a jurisdiction where you meet the filing requirements. For example, under Texas law, you can only file for an annulment if you were married in the state and you or your spouse has permanent residence.

Complexity of the case

Some cases are inherently more involved than others. 

For example, seeking annulment on the grounds of consent because one party was underage is typically a more straightforward case. Proving that the party seeking an annulment was a minor at the time of the marriage ceremony doesn’t tend to require much evidence. 

On the other hand, cases involving fraud or misrepresentation usually require more extensive evidence, much of which may be difficult to obtain. Therefore, these more cases can take longer to resolve. 

Length of the marriage

The longer you were married before filing for annulment, the more issues you’ll likely need to address. 

Although some rules—such as those governing property division—are different, you often need to resolve many of the same issues you would need to address in a divorce. This can include:

Existence and extent of any legal or factual disputes

Unsurprisingly, any legal or factual disputes may make an annulment take longer to resolve. Disputes frequently arise about: 

If there are significant disputes, written motions, briefs and evidentiary hearings may be necessary, further adding to the length of the process. And the more disputes between the parties, the longer it may take to finalize the annulment.

However, when there are only a few minor disputed facts, the parties are more likely to finalize the annulment in a timely manner. 

Availability of evidence

Compiling relevant evidence is crucial to help support your annulment claim. The specific evidence you need depends on your grounds for annulment. Some examples include: 

Cooperation of the parties

One of the quickest ways to speed the process along is through amicable cooperation between the parties. For example, if the annulment is uncontested, you may be able to get it finalized outside of court in a matter of months.

You can reach an agreement on your own, with the assistance of your attorneys or through mediation. In any case, you and your spouse must write and sign a settlement agreement and present the document to the court for approval. This process is much quicker than going to trial.

Court scheduling and capacity

Once you file for annulment, you’re usually at the mercy of the court’s timeline. Depending on where and when you file, the court may be backed up and unable to schedule your case in the near future. 

Unfortunately, there’s not much you can do to increase the court’s capacity and get your hearing scheduled more expeditiously. Try to be patient. 

Attorney experience

While you don’t need to hire an attorney for your annulment, people frequently choose to do so due to the knowledge, experience and other benefits an attorney can provide. 

A qualified and experienced family law attorney who regularly handles annulment cases is likely more familiar with the law and process. So they may be able to help you navigate the process more quickly than if you didn’t have legal counsel. 

When to speak with a lawyer

Figuring out if you should end your marriage and how to do so is a difficult process that may be clouded by emotions. In addition to talking to trusted loved ones, you may find that speaking with an experienced attorney helps. 

They can explain the difference between annulment and divorce and which may be best for your situation. They can also stay on top of deadlines, so you don’t have to worry about those, and represent your best interests during mediation or a trial.