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:
- Lack of consent: One party was underage or didn’t have the mental capacity to enter into the marriage
- Fraud or misrepresentation: One spouse lied or withheld material information from the other prior to entering into the marriage
- Bigamy: One spouse was legally married when they married this new spouse
- Duress: One or both parties was threatened or forced into the marriage against their will
- Impotence: One spouse can’t have sexual intercourse
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:
- Mental incapacity, fraud or duress: Within six months after obtaining knowledge of the problem
- Lack of consent: Up to 24 months after the date the marriage was entered into
And in California, the following deadlines apply to file for annulment:
- Fraud: Within four years after discovery of the fraud
- Duress or force: Within four years after the date of marriage
- Lack of consent where one party was underage: Within four years after reaching the requisite age of consent
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.
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:
- Child custody
- Child support
- Property division
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:
- The true age of one or both parties at the time of the marriage ceremony
- Whether consent to marry was properly provided
- Capacity of the parties
- The impotence of either party and whether they were aware of their impotence at the time of the marriage
- The marital status of either party at the time of the subsequent marriage
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:
- Marriage certificate to prove the marriage took place
- Witness statements from individuals who may have knowledge of the circumstances surrounding your marriage and are willing to testify on your behalf
- Emails, text messages and other written communications between the parties to help support claims of fraud, duress or lack of consent
- Medical records to prove impotence or the existence of a sexually transmitted disease
- Expert opinions regarding impotence, mental capacity, financial status or other important information about the parties
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.
Sofie is a writer. She lives in Brooklyn.
