How long does the annulment process usually take?

It varies by state and by how busy the local court is. An uncontested annulment with clear grounds can sometimes be finished in a few months, while a contested case with a hearing can take considerably longer.

Do I need a lawyer to file for annulment?

No state requires you to hire a lawyer, and many people file on their own. That said, because annulment requires proving specific legal grounds rather than simply citing irreconcilable differences, legal help is often worthwhile if your spouse contests the case or if property or children are involved.

What happens if my spouse ignores the annulment papers?

If your spouse is properly served and does not respond within the time allowed, you can typically ask the court for a default judgment. You will usually still need to present evidence supporting your grounds before the judge grants the annulment.

How much does it cost to file for annulment?

Court filing fees for annulment are generally similar to divorce filing fees, often ranging from around one hundred to several hundred dollars depending on the state. Fee waivers are commonly available for filers who cannot afford the cost.

How to File for Annulment: A Step-by-Step Guide

By The Annulment Lawyers Editorial Team · Sun Jul 12 2026 00:00:00 GMT+0000 (Coordinated Universal Time)

Filing for annulment follows a path that looks a lot like filing for divorce, but with one key difference: you must prove specific legal grounds, not just that the marriage broke down. This guide walks through the process from first paperwork to final decree, in the order most courts follow.

Step 1: Confirm You Have Grounds

Annulment is only available when something was legally wrong with the marriage from the start. Common grounds in many states include fraud or misrepresentation about something essential to the marriage, bigamy, being underage without required consent, marriage between close relatives, lack of mental capacity, and duress. Some states also recognize an inability to consummate the marriage that was concealed before the wedding.

Before you file anything, be honest with yourself about whether your situation fits one of these categories. If it does not, divorce is usually the correct route, and filing an annulment petition without grounds typically leads to dismissal.

Step 2: Check Deadlines and Where to File

Many states impose time limits on annulment that depend on the ground you are claiming. Fraud claims, for example, often must be filed within a set period after discovering the deception. Check the rules in your state early, because a missed deadline can close the door entirely.

You will generally file in the family or domestic relations division of the court in the county where you or your spouse lives. Residency requirements for annulment are often shorter or more flexible than those for divorce, but they still exist in most places.

Step 3: Prepare and File the Petition

The petition (sometimes called a complaint) is the document that opens the case. It typically states who the parties are, when and where the marriage took place, the specific ground for annulment, and the facts supporting that ground. Many courts publish fill-in-the-blank forms; others expect a drafted document.

A general document checklist looks like this:

The petition or complaint for annulment
A copy of your marriage certificate
A summons for the court clerk to issue
Any local cover sheets or case information forms your county requires
A filing fee, or a fee waiver application if you cannot afford it
Supporting documents relevant to your ground, such as records showing a prior undissolved marriage or proof of age

File the packet with the court clerk, pay the fee, and keep stamped copies of everything.

Step 4: Serve Your Spouse

Courts require that your spouse receive formal notice of the case. This is called service of process, and handing over the papers yourself usually does not count. Most states allow service by a sheriff, a professional process server, or another adult who is not a party to the case. Some permit service by certified mail, and courts can approve alternatives, such as publication, when a spouse cannot be located.

After service, the person who delivered the papers files a proof of service with the court. Your spouse then has a set period, commonly a few weeks, to file a response. If they agree with the annulment, the case may proceed as uncontested. If they ignore the papers, you can usually request a default.

Step 5: Attend the Hearing

Unlike many divorces, annulments typically require a court hearing even when both spouses agree. Because the judge must find that legal grounds exist, you will usually need to testify and present evidence: documents, messages, or witnesses that support your claim. Bring organized copies of everything you filed and any exhibits you plan to use.

If the case is contested, the hearing functions more like a trial, with both sides presenting evidence and the judge deciding whether the grounds are proven.

Step 6: Receive the Decree

If the judge grants the annulment, the court issues a decree declaring the marriage invalid. Keep certified copies, since you may need them to update records with government agencies, banks, and insurers. The decree can also address related issues; many states allow courts to divide property acquired during the marriage and to enter custody and support orders for children, whose legitimacy is protected by law in virtually every state.

If the Annulment Is Denied

A denial does not leave you stuck. You can typically convert the case to a divorce or file a separate divorce petition, which requires no proof of fault in every state. Talking with a family law attorney in your state can help you choose the path that fits your facts before you invest time in the wrong filing.

Find an annulment attorney near you