What is an annulment?

An annulment is a court ruling that a marriage was never valid. The most common ground for annulment is fraud or misrepresentation. For example, one person may have not disclosed to the other a prior divorce, a criminal record, an infectious disease, or an inability to engage in sex or have children. Annulment may also be granted for bigamy, incest, or marriage to an underage person.

How common are annulments?

They are uncommon because divorces are easy to obtain and the bases for an annulment are narrower than the bases for a divorce. One party may prefer an annulment, however, in order to avoid some obligations that a court might impose in a divorce. Also, in a few states, spousal support that terminated because of the recipient's second marriage may be reinstated if the second marriage is annulled.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association