Get Support for Your Annulment with Hello Divorce

Put more simply, an annulled marriage is a marriage that never existed in the eyes of the law. There's a common misconception that if you regret your marriage soon after exchanging vows, you can simply undo it with an annulment. The truth is, there are usually only four scenarios in which an annulment may be granted – and it's not easy to prove.

The court-accepted reasons for annulment are:

• An incestuous or bigamous relationship
• One (or both) spouse was a minor on the date of the marriage
• One lacked the mental capacity to marry (an “unsound mind")
• One spouse was physically unable to consummate the marriage

For the court to grant the annulment, the Petitioner must prove at least one of these conditions exists. This can be very difficult. If you believe you may qualify for an annulment, a competent, licensed lawyer in your jurisdiction can be a huge help.

The main difference between divorce and annulment is that divorce is a process to end an existing, valid marriage, while an annulment means that your marriage was never valid in the first place. After an annulment, it is basically as if your marriage never existed – but there are only a very few, rare reasons why the marriage would qualify for one.

The grounds for annulment are very strict and to qualify, you must prove the grounds in court.

The grounds for annulment generally are:

• Incest (spouses or partners are of close blood relation)
• Bigamy (one party was already legally married when this marriage took place)
• One party was not of legal age at the time of marriage or domestic partnership
• There was a prior existing marriage or domestic partnership
• One party was of unsound mind when the marriage or partnership took place
• The marriage or partnership took place as an act of fraud
• The marriage or partnership was forced on one party against their will
• One party is physically incapable of sexual intercourse

In most states, there are three ways to end a marriage: divorce, separation, or annulment.

Summary dissolution is a divorce process available to California residents who do not have children and have been married for less than 5 years.

Summary dissolution is only available to California residents. It has the same effect as a divorce, but it offers several benefits that a “regular” divorce does not. Notably, it’s a quick(er) and easier process, where effectively you and your spouse jointly petition and agree to several items before you file.

Please read through these qualifications before purchasing to make sure your situation qualifies for Summary Dissolution:

1. Have been married for less than 5 years (from the date you got married to the date you separated).
2. Have no children together born or adopted before or during the marriage (and you are not expecting a new child now).
3. Do not own any part of land or buildings.
4. Do not rent any land or buildings (except for where you now live with limited exceptions).
5. Do not owe more than $6,000 for debts acquired since the date you got married (calling “community obligations”)*.
6. Have less than $47,000 worth of property acquired since the date you got married (called “community property”)*.
7. Do not have separate property worth more than $47,000.
8. Agree that neither spouse will ever get spousal support.
9. Have signed an agreement that divides your property and debts.

*There are some exceptions to the calculation.

Hello Divorce can help with your summary dissolution from start to finish. Click here to see more details.

The short answer is no, you cannot get an annulment without a lawyer. Since you must prove to the judge in court that your marriage meets the very strict grounds for annulment, most married people choose to divorce, which is easier, less expensive, and with Hello Divorce, can be done completely online without a lawyer.

Since a judge has to decide in court if an annulment is granted, it's best to seek out the advice of a family law attorney before proceeding. Hello Divorce has attorney appointments available by the hour or half hour.

Generally, you will need to have proof of your grounds for annulment for a judge to approve this way of dissolving your marriage. For this reason, most people choose instead to opt for a divorce.

• There are three ways to end a marriage: divorce, separation, or annulment.
• Only a divorce or annulment completely dissolves all marital ties.
• Annulments are difficult to get, but the only way to dissolve the marriage as if it never happened.

Divorce

A divorce is the most legally recognized and the only truly final way to end your marriage, besides annulment—which is incredibly difficult to get (see below). To be divorced, you must obtain a divorce judgment or final decree (a court order or legal document dissolving your marriage). All of the details of your parting ways with your spouse are documented in your divorce paperwork (how you've divided all assets, debts, properly, parenting arrangements and any support payments).

Legal Separation

If you are sure the marriage is over but you do not want (or for whatever reason cannot get) a divorce, you may opt for a legal separation (if your state allows one). A legal separation means while you are no longer married, you're not divorced either – and cannot remarry. The court order does include all of the details divorce papers would, though.

Both parties can work out settlement agreements and custody arrangements, or allow the court to decide. It's almost always best for the couple to decide. If you need help, consult a mediator, lawyer, legal coach, or financial advisor. A legal or separation order can also establish how property rights and responsibilities, as well as parenting rights and custody.

Annulment

The biggest reason to seek an annulment instead of a divorce is that you want to totally undo the marriage like it never happened. You can check the "Single" box on all documents going forward, instead of the "Divorced" box. If your religion does not allow divorced individuals to remarry, an annulment allows you to marry again.