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Annulment Legal Process

Posted by attorney Howard Lewis
Filed under: Divorce

In the majority of states, the universal petition form used for divorce is also used to declare a marriage null and void. For an annulment, an individual simply checks the box for nullity rather than dissolution or divorce. These forms are obtained through your state or jurisdiction’s Family Law Division or county court.The petition must be filed in the county of your residency, even if the marriage took place in another state. Similar to a divorce, there are filing fees attached to the submission of an annulment application. Typically annulments are mutual, meaning both parties will agree to declare the marriage void; however, if one party contests the initiation of an annulment, a hearing will be scheduled where both parties will present evidence to the state. The state will in turn review the facts of the marriage (how it was commenced and under what pretenses it was agreed upon) and base the delivery of the annulment in relation to the qualifications which can legally declare the marriage null and void.

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