How long does the annulment process take?

[broken.hearted]

Have you been through an annulment? I did some research and found out that an annulment is more expensive and trickier to get than a divorce. I am pretty much set on getting an annulment than a divorce and I want to know how long it took from the day you saw a lawyer to the day that the annulment was finalized by a judge. Also please include what state you live in and how much you spent. Thanks!

[PegNosePete]

Rather than asking about others situations why don't you ask about your own? Which country/state are you in?

 

Yes annulment is more expensive and time consuming than divorce. In almost all cases a divorce is a better alternative. The only reason to seek an annulment is for religious reasons.

[broken.hearted]

This question is for people who went through the annulment process in the U.S. and yes I know it is harder and more expensive than getting a divorce. You do not get an annulment only for religious reasons. The process of getting a religious annulment is completely different from the process of getting a civil annulment. The above post is for a civil annulment. Length of time it took, cost, and state. Thank you for your responses!

[PegNosePete]

It doesn't matter what religious ceremonies you choose to perform, or not.

 

If you are a religious person whose religion forbids divorce then the only way you can become legally eligible to marry someone else is to get a legal annulment.

 

If religion is not an issue for you then get a divorce. There is absolutely no reason to go for annulment. It's more expensive, more time consuming and more difficult. Why do you want an annulment instead of divorce?

[carhill]

My dad got an annulment in California on the grounds of abandonment ('fraud' would be today's term), based on his then wife's concurrent relationship with another man while he was overseas serving in the military, but that was in 1946, so the costs wouldn't be relevant. IIRC, it took him a couple years to complete. He married my mom (not in any church) in 1953.

 

Today, in a state which recognizes annulments, it is essentially the same path and relevant cost as a 'fault' divorce. Grounds are proven to the satisfaction of the court. As a current comparison, relevant to our circumstances, my lawyer quoted ~50K in legal and filing fees for a contested no-fault divorce.

 

Here are some guidelines for California annulments:

 

Basics

 

An annulment (or “nullity of marriage” or “nullity of domestic partnership”) is when a court says your marriage or domestic partnership is NOT legally valid. After an annulment, it is like your marriage or domestic partnership never happened because it was never legal.

Click on a topic below to get more information:

 

• Legal Reasons for an Annulment
  
• Statute of Limitations to File for an Annulment
  
• Effect of Getting an Annulment
  

Legal Reasons for an Annulment

 

A marriage is NEVER legally valid when it is:

 

 

• Incestuous: when the people who are married or in a registered domestic partnership are close blood relatives; or
  
• Bigamous: where a spouse or domestic partner is already married to or in a registered domestic partnership with someone else.
  

Other marriages and partnerships can be declared invalid because of:

 

 

• Age at the time of marriage or domestic partnership: the party filing for the annulment was under 18 years old at the time of the marriage or domestic partnership.
  
• Prior existing marriage or domestic partnership: Either party was already legally married or in a registered domestic partnership. This is different from bigamy (which is automatically illegal) because, in this case, the marriage or domestic partnership took place after the former spouse or domestic partner was absent for 5 years and not known to be living or generally thought to be dead.
  
• Unsound mind: either party was of “unsound mind” or unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it.
  
• Fraud: Either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples are marrying only to get a green card or hiding the inability to have children.
  
• Force: either party consented to getting married or filing a domestic partnership as a result of force.
  
• Physical incapacity: the parties got married or registered a domestic partnership while 1 of them was “physically incapacitated” (basically, it means that 1 of the spouses or partners was physically incapable of “consummating” the relationship) and the incapacity continues and appears to be “incurable.”
  

These are short explanations of the reasons for an annulment. Each of these reasons has important details you have to prove to get a court to give you an annulment.

To get an annulment, you must be able to prove to the judge that 1 of these reasons is true in your case. This makes an annulment case very different from a divorce or a legal separation. For example, “irreconcilable differences” are not a reason for getting an annulment.

Getting an annulment does not depend on how long you have been married or in a domestic partnership. Even if you have been married/in a partnership only a very short time, you may not be able to prove to the judge that your case has 1 of the legal reasons that makes your marriage/partnership invalid.

Proving that there is a legally valid reason to get an annulment can be very difficult. Talk to a lawyer for help understanding exactly what you need to show to a judge before he or she will agree to give you an annulment. Click for help finding a lawyer.

 

Statute of Limitations to File for an Annulment

 

The statute of limitations is the deadline for filing a lawsuit. Divorces and legal separations do not have a deadline. You can file for divorce or legal separation at any time.BUT annulments DO have a deadline. In general, once the statute of limitations “runs out,” you can no longer file for an annulment.

The period of time within which you can file for an annulment varies depending on the reason why you want the annulment. Here are the statutes of limitations for the reasons to ask for an annulment:

 

 

• Age at the time of marriage or domestic partnership: The person who married or entered into a domestic partnership while under 18 must file for annulment within 4 years after reaching 18. (A parent or guardian of the minor can ask for an annulment while the minor is still under 18.)
  
• Prior existing marriage or domestic partnership: An annulment in this case can be filed by either party as long as both parties to the current marriage/partnership are alive, or by the prior existing spouse or domestic partner.
  
• Unsound mind: An annulment in this case can be filed by the party claiming that his or her spouse or domestic partner is of unsound mind, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.
  
• Fraud: An annulment on grounds of fraud can only be filed by the person who was deceived. It must be filed within 4 years of discovering the fraud.
  
• Force: An annulment on grounds of force can only be filed by the person who was forced to give consent. It must be filed within 4 years of getting married or registering the domestic partnership.
  
• Physical incapacity: An annulment in this case can be filed by the party claiming that his or her spouse or domestic partner is physically incapacitated. It must be filed within 4 years of getting married or registering the domestic partnership.
  

 

Edited September 28, 2011 by carhill

[williehuff12]

I just had to go through this process and got some great help from a very professional attorney. Hope this helps. He offers free consultations.

[broken.hearted]

How long did the process take Willie? From start to finish.

[broken.hearted]

@Pete I want an annulment because I chose to have an annulment instead of a divorce. I don't know how much you know about civil annulments, but they are entirely different from religious annulments. It's like comparing apples to oranges.

[broken.hearted]

@Pete I want an annulment because I chose to have an annulment instead of a divorce. I don't know how much you know about civil annulments, but they are entirely different from religious annulments. It's like comparing apples to oranges.

[PegNosePete]

Yes I know the difference between a religious annulment and a legal one. You are misunderstanding me. I am saying that the only reason someone would choose an annulment rather than divorce is if they "do not believe in divorce" for religious reasons, or if the marriage is not valid. If that is the case then divorce is not an option so what is the only way to legally end their marriage? Annulment.

 

But if not for that reason then why would you want an annulment instead of a divorce? What is the difference for you? Why would you choose the more expensive and difficult route?

[Trimmer]

@Pete I want an annulment because I chose to have an annulment instead of a divorce. I don't know how much you know about civil annulments, but they are entirely different from religious annulments. It's like comparing apples to oranges.

 

And you do realize that to get an annulment, there is a "higher bar", in that you have to prove cause, along specific guidelines, according to the standards of your state. If you can't show cause that fits your state's guidelines, you can't just "choose" it because you want it...