How Long Does the Annulment Process Take?

Usually, when people think about dissolving a marriage, divorce is the first thing that comes to mind. In some cases, though, an annulment might be more appropriate. Unlike divorce, which legally ends a marriage, an annulment means the marriage was never valid in the first place. How long the annulment process takes will vary widely depending on whether your spouse agrees or objects as well as how complicated the case is, however, the following outline provides some general guidance.

Types of Annulment

When it comes to civil annulments (as opposed to religious annulments, which are handled through the Catholic church), you will have either an uncontested annulment or a contested annulment.

Uncontested Annulments

In an uncontested annulment, both parties agree to the annulment, and there are no disputed issues related to grounds for filing, assets, or child custody. Usually, a judge will simply review the request, and you might also be required to attend a hearing. An uncontested civil annulment can take anywhere from a few weeks to several months, depending on the case workload of the family court involved.

Contested Annulments

Contested annulments, on the other hand, generally take longer (i.e., 6 months to over a year), depending on the reason your spouse contests the annulment. For instance, if you allege fraud or coercion as the grounds for the annulment, you will need to provide evidence to the court. 

The Annulment Process

First, you need to make sure that your marriage qualifies for an annulment. Although each state has specific legal grounds for annulments, common grounds include:

• Fraud or misrepresentation
• Coercion or force
• Underage spouse
• Incest
• Bigamy
• Mental incapacity
• Spouse concealed information such as impotence, criminal history, or addiction

File a Petition and Notify Your Spouse

If you qualify for an annulment in your state, your next step would be to file a petition for annulment in the family court in your jurisdiction. Most states require you to notify your spouse that you have begun the annulment process. They generally have 30 days to respond by either agreeing or contesting.

Gather Documents and Evidence

Before you attend a hearing with a judge, you will need to gather relevant documents like your marriage certificate and identification. You will also likely need to provide evidence to support your reason for requesting the annulment such as texts, photographs, emails, expert witness statements, medical documentation, etc.

Attend Court Hearings

For uncontested annulments, there will likely only be one, short hearing, or the judge may sign the petition without a hearing. For contested annulments, you might be required to attend several hearings. Both sides will present evidence, and the judge will review the case and decide whether the grounds have been proven or not. 

If the judge approves, you will receive a Decree of Annulment, which legally voids your marriage as if it never existed.

Get Help With the Annulment Process

Even for uncontested annulments, it’s a good idea to work with a family law attorney who is familiar with annulments in your state to make sure the process goes smoothly. The family law group at Lonich Patton Ehrlich Policastri has decades of experience helping couples through the annulment process. Schedule a free consultation today to discuss your case with us to find out how we can best represent you and your interests.

 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.