How to File for an Annulment
- 1). Visit your local family court and ask for annulment forms. In most cases, you can only apply for an annulment if you were underage at the time of the marriage, you or your spouse could not physically consummate the marriage, you or your spouse were legally married to another person or fraud occurred. Fraud is usually if your spouse hid his sexually transmitted disease status, a criminal history or sterility. In addition, if you were forced or mentally incapacitated at the time of the ceremony, you may seek an annulment.
- 2). Fill out your annulment forms. You will need to write information such as why you feel the marriage should be declared null and void. Keep in mind you will likely need documents and/or witnesses to support claims of force or fraud. Documents could include a copy of a criminal record that your spouse hid, proof that your spouse was married before and lied about whether he got a divorce, or reports to a psychologist that prove you were not of sound mind at the time of your marriage. Bigamy, incest and fraud are usually easier to prove, but fraud still may require some form of substantiation. A sheriff's deputy will serve your spouse with the papers ordering him to appear in court.
- 3). Pay the family court clerk any required fees to have your annulment case heard. Costs vary widely by state. In severe cases of fraud, you may wish to hire a divorce lawyer, though annulments can be handled without this added expense.
- 4). Attend your court hearing and ensure any witnesses know when to appear on your behalf. If your annulment is denied, you will need to file for divorce in a separate case, with or without the help of a qualified attorney.
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