An annulment (or “nullity of marriage”) is when a court says your marriage is not legally valid. A marriage that is incestuous or bigamous is never valid. In general, marriages can be declared “void” because:
- Of force, fraud, or physical or mental incapacity
- One of the spouses was too young to legally marry
- One of the spouses was already married
Some states also allow annulments if the marriage was performed under the belief that the wife was pregnant, and if certain other restrictions are met. Although it is not uncommon for people to ask about them, annulments are very rare. The problem with annulment is that if a marriage is declared invalid, then certain protections that would be provided by the divorce process (such as the extension of COBRA health benefits) are removed. If you think one of these criteria is applicable to your situation, then you should consider the option of annulment very carefully, preferably in consultation with a divorce lawyer.
