In general, courts will only grant an annulment in highly specific circumstances. In contrast to a divorce, which has the effect of severing the legal bond between husband and wife, an annulment completely voids the marriage in the eyes of the law. This effectively means that the law treats the marriage as if it never existed.

Contrary to popular belief, a newly married spouse will not be entitled to an annulment just because they file for an annulment quickly after the marriage ceremony is performed. An annulment can be granted for several reasons including misrepresentation or fraud, duress, bigamy, lack of capacity, lack of consent, mental illness, and impotence. Each of these grounds have specific elements the party seeking an annulment must prove.

If a party fails to meet their burden of proving grounds for annulment, they may instead seek a divorce. Oftentimes, a divorce may be preferable to an annulment because the court may divide assets and debts and grant maintenance (alimony) in a divorce.

In sum, a divorce is often the more appropriate route for parties dissatisfied with their marriage, even if they have only been married for a brief time. An annulment is only granted in a few limited circumstances and is accordingly not a viable option for most people.

If you want to know whether or not an annulment is an option for you, it would be prudent to meet with a qualified family law attorney.

The choice of a lawyer is an important one and should not be based solely on advertisements.