Annulment Laws by State (2026): Grounds, Deadlines, Void vs Voidable

There is no federal annulment law in the United States. Each state's own statutes and court decisions decide which marriages are void or voidable, who may ask a court to annul one, and how long that person has to do it. The table below covers all 50 states and the District of Columbia, with a link to each state guide.

Information last verified on October 9, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This hub summarizes the annulment laws of the 50 states and the District of Columbia, as set out in each linked state guide, plus the federal tax, Social Security and immigration rules that attach to an annulment. It does not cover tribal law, the law of US territories, or religious annulment procedures. Each state guide carries the full statutes, cases and official sources for that state.

Annulment laws by state at a glance

This table summarizes; each state guide has the full list of grounds, who may file, and every deadline and bar.

What an annulment is, and what states call it

An annulment is a court judgment that a marriage was legally defective from the start, as opposed to a divorce, which ends a valid marriage. The defect has to exist at the time of the wedding: Idaho and Hawaii, for example, say the cause must exist at the time of the marriage (Idaho Code 32-501, HRS 580-21).

The name of the action varies, and the name matters when you look for the statute or the court form:

• Declaration of invalidity of marriage: Colorado (C.R.S. 14-10-111), Illinois (750 ILCS 5/301), Kentucky (KRS 403.120), Missouri (RSMo 452.300), Montana (MCA 40-1-402) and Washington (RCW 26.09.040).
• Nullity: California's judgment of nullity (Fam. Code 2250), Hawaii's decree of nullity (HRS 580-21), New Jersey's judgment of nullity (N.J.S.A. 2A:34-1), the decree of nullity in North Dakota (N.D.C.C. 14-04-01), South Dakota (SDCL ch. 25-3) and Vermont (15 V.S.A. 511), and Louisiana's declaration of nullity under Civil Code articles 94 to 97.
• A suit to declare the marriage void: Alaska's court system says there is no court action called an annulment; the action is to have the marriage declared void (AS 25.24.010). Texas has two separate actions, an annulment for a voidable marriage and a suit to declare a void marriage void (Tex. Fam. Code ch. 6).
• A divorce: Rhode Island handles a void or voidable marriage as a divorce from the bond of marriage (R.I. Gen. Laws 15-5-1).
• No annulment action as such: the compiler's annotation to NMSA 40-1-9 says New Mexico's 2013 amendment "eliminated annulment"; a district court decree now declares marriages within the prohibited degrees or ages void.

Most other states simply call it an annulment. In Alabama and Florida, the marriage and divorce chapters contain no section listing annulment grounds, and the courts decide annulments under case law (Florida: Sack v. Sack, 1966, quoted in Rojas v. Londono, 2025). Case law also supplies some or all grounds in Connecticut, Massachusetts, New Hampshire, Tennessee and Utah, and Arizona courts read the word void in A.R.S. 25-301 to include voidable marriages.

Void vs. voidable marriages

Almost every state sorts defective marriages into two groups, and the difference drives everything else.

A void marriage is treated as never having existed. In several states it is void without any court case: Indiana (IC 31-11-8-1), Maine (19-A M.R.S. 751(1)), Massachusetts (c. 207 s. 8), Minnesota (518.01), Nevada (NRS 125.290), New Hampshire (RSA 458:1), Vermont (15 V.S.A. 511(a)) and the District of Columbia (D.C. Code 46-401.01). Louisiana says no judicial declaration is required for an absolutely null marriage (La. C.C. art. 94). A court case can still be useful to get a decree on record: D.C. Code 46-402 and 15 V.S.A. 511(b) both let a party ask a court to declare such a marriage void.

A voidable marriage is valid until a court annuls it. Pennsylvania says so directly (23 Pa.C.S. 3305(b)), New York's voidable marriages are void only from the time a court declares their nullity (DRL 7), and in Arkansas a marriage on the 9-12-201 grounds is void "from the time its nullity shall be declared by a court of competent jurisdiction." Louisiana's relatively null marriage produces civil effects until it is declared null (La. C.C. arts. 97, 101).

The timing matters in two ways:

• Death. Under Alabama's Rickard v. Trousdale (1987), a void marriage can be attacked even after a spouse dies, while a voidable one can be attacked only while both spouses are alive. Pennsylvania (3305(b)), Colorado, Minnesota and Montana bar some or all voidable grounds once a spouse has died. Illinois lets a prohibited marriage be challenged up to 3 years after the death of the first spouse to die (750 ILCS 5/302(c)).
• Ratification. A voidable marriage can usually be confirmed by the couple's later conduct, which ends the right to annul it (see the deadlines section below).

A few states draw the line in unexpected places. West Virginia treats the marriages listed in W. Va. Code 48-3-103, including a marriage while a prior marriage is still in force and one between prohibited relatives, as voidable: they are void only from the time a judgment order of nullity says so. North Carolina's G.S. 51-3 says its listed marriages "shall be void," but the UNC School of Government's bench book for trial judges states that the only void marriage is a bigamous one. Indiana lists mental incompetency in both its void chapter (IC 31-11-8-4) and its voidable chapter (IC 31-11-9-2).

Common grounds for annulment and how states differ

The grounds below appear in most states, but the details, and whether a ground makes a marriage void or only voidable, change at every border.

Bigamy

A marriage while one spouse is still married to someone else is the most widely recognized ground. It is void in most states, including Idaho (32-207), Kentucky (KRS 402.020), Michigan (MCL 552.1), Oregon (ORS 106.020) and Texas (Tex. Fam. Code 6.202). Some states add a good-faith rule or an exception: Massachusetts has a good-faith rule in c. 207 s. 6, Iowa's ban does not apply if the parties live and cohabit together after the former spouse's death or divorce (Iowa Code 595.19), and Rhode Island's Family Court may declare valid a marriage void only because a divorced former spouse was still living (R.I. Gen. Laws 15-1-6). Some states also void, or allow annulment of, a remarriage that comes too soon after a divorce: Oklahoma (a ground for annulment under 43 O.S. 126, within six months), Wisconsin (within 6 months of a divorce judgment, Wis. Stat. 765.21) and Utah (remarriage before a divorce decree becomes absolute, 81-2-403).

Close family relationships

Every state guide lists relatives who may not marry, but the lines differ most on first cousins:

• First cousins are on the prohibited list in the state guides for Arizona (with an exception for couples 65 or older or with court approval), Arkansas, Connecticut (since October 1, 2025), Delaware, Idaho, Illinois (unless both are 50 or older or either presents a physician's certificate of permanent sterility), Iowa, Kansas, Maine (unless they provide a physician's certificate of genetic counseling), Michigan, Minnesota, Mississippi, Missouri (presumptively void), Montana, Nebraska (first cousins of the whole blood), New Hampshire, North Dakota, Oklahoma, Oregon (cousins by adoption only are excepted), Pennsylvania, South Dakota, Tennessee (since April 29, 2024), Utah (with exceptions for older couples), West Virginia and Wyoming.
• Indiana, Kentucky, Ohio, Washington and Wisconsin bar marriages nearer of kin than second cousins (Indiana excepts first cousins who are both 65 or older, and Wisconsin excepts first cousins where the woman is 55 or older or either party is permanently sterile), and Nevada voids marriages between relatives closer than second cousins or cousins of the half blood.
• First cousins are not on the list in the state guides for Alabama, Colorado, Georgia, New Mexico, Rhode Island and Virginia, and North Carolina's list reaches double first cousins but not other first cousins. For any other state, see the state guide.

A first-cousin marriage valid where it was performed can still be recognized: Kansas courts recognized one in In re Estate of Loughmiller (1981), and Oklahoma recognizes a first-cousin marriage lawfully performed in another state. Rhode Island exempts marriages solemnized among Jewish people within the degrees their religion allows (R.I. Gen. Laws 15-1-4), and South Dakota and Texas also void stepparent-stepchild marriages.

Fraud

Fraud is a ground in most states, but courts read it narrowly. (Maine is one exception in form: its annulment subchapter does not list fraud, duress or lack of capacity.) The usual test is that the fraud must go to the essence or essentials of the marriage: Alabama (Janda v. Janda, 2007), Colorado, Delaware, Illinois, Kentucky, Montana, Washington and Wisconsin use that language, and Massachusetts applies it strictly (Hanson v. Hanson, 1934). New Hampshire requires fraud about something essential to the marriage relation (Matter of Geraghty, 2016).

Courts have spelled out what is not enough. An Ohio appeals court held that false statements about finances did not qualify and required clear and convincing evidence (M.K. v. K.M., 2024-Ohio-5147). South Carolina's Supreme Court restated that misrepresentations about character, social standing or fortune are not enough (E.D.M. v. T.A.M., 1992). Arizona also requires clear and convincing proof of fraud (Means v. Industrial Commission, 1973; Wisniewski v. Dolecka, 2021).

Some states name specific concealments in the statute. Virginia lists a concealed felony conviction, a concealed pregnancy by another person and concealed prior prostitution (Va. Code 20-89.1). Mississippi lists the wife's pregnancy by another man that the husband did not know about (93-7-3). Hawaii lists a concealed "loathsome disease," the statute's term (HRS 580-21). Texas has a ground for a divorce from someone else that was concealed and granted within 30 days before the wedding (Tex. Fam. Code 6.109).

Force, duress and lack of consent

Consent obtained by force or duress is a ground in nearly every state guide. Tennessee goes further: a marriage entered without valid, freely given consent from both parties, at any age, is void (Tenn. Code Ann. 36-3-108). Colorado and Delaware also list a marriage entered as a jest or dare.

Mental incapacity and intoxication

Lack of capacity to consent, from mental illness or incompetence, is a ground in most states. Several also name alcohol or drugs: Minnesota, Montana, Pennsylvania (3305(a)) and Texas (intoxication, 6.105). Alabama treats a marriage entered during a temporary incapacity such as intoxication as voidable and capable of ratification once the disability ends (Abel v. Waters, 1979).

Impotence or inability to consummate

Physical incapacity to consummate the marriage is a ground in many states, often with its own deadline and often only for the injured spouse. Examples: Hawaii (HRS 580-28), Michigan (MCL 552.39), Mississippi (incurable impotency), New Jersey (physical and incurable impotence), New York (DRL 7), Ohio (a marriage never consummated) and Texas (permanent impotency). South Carolina is the reverse case: its statute allows an annulment for want of consent only if the marriage was not consummated by cohabitation (S.C. Code 20-1-530).

Grounds peculiar to one or two states

• Texas: a wedding within 72 hours after the license issued (Tex. Fam. Code 6.110).
• Kansas: mistake of fact, lack of knowledge of a material fact, or any other reason that would justify rescinding a contract of marriage (K.S.A. 23-2702(b)).
• Nevada: any ground for voiding a contract in equity (NRS 125.300 to 125.350); New Jersey similarly allows grounds under the Superior Court's general equity jurisdiction.
• North Carolina: a marriage entered on a representation that the woman is pregnant, if the couple separates within 45 days and stays apart for a year, unless a child is born within 10 lunar months (G.S. 51-3).
• Maine: failing to submit the record ending a prior marriage, or intentionally lying about the number of previous marriages (19-A M.R.S. 701(6)).
• Missouri and Indiana: common-law marriages are null and void (RSMo 451.040) or void without legal proceedings if entered after January 1, 1958 (IC 31-11-8-5). See common-law marriage by state.

Deadlines and bars: when it is too late to annul

Deadlines are where states differ most, and they are short in many places. Most run from the wedding or from when the person filing learned of the problem.

A few statutes set no deadline in their text. New Jersey's N.J.S.A. 2A:34-1 states no filing deadline for any ground, and Oregon's ORS 107.015 and Kansas's Article 27 sections do not set one either. That does not mean a claim can wait forever: New Jersey bars impotence, incapacity, duress and fraud claims once the marriage is ratified, Oregon bars its voidable grounds on ratification, and the Kansas guide does not cover whether Kansas case law limits when a claim can be brought.

Cohabitation and ratification. Living together as spouses after the problem ends, or after learning the truth, defeats many annulment claims. States with that rule in their statutes include Alaska, California, Georgia (ratification by free consent plus cohabitation), Hawaii, Michigan (any cohabitation before suit for force or fraud), Nebraska, Nevada, New York, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Virginia, Washington and Wyoming (force or fraud). Louisiana bars a relative-nullity claim once the marriage is confirmed, and West Virginia bars some suits after the person confirmed the marriage by acts or conduct.

Other bars. Georgia will not annul a void marriage where children are born or are to be born as a result of it (O.C.G.A. 19-4-1). North Carolina will not declare void, after either spouse dies, a marriage followed by cohabitation and the birth of a child, for any G.S. 51-3 cause except bigamy. Hawaii and New York will not annul a marriage on the spouses' own declarations or confessions alone (HRS 580-29, DRL 144).

Underage marriage reforms and annulment

Many states have raised the marriage age since 2017, which changes both who can marry and whether an underage marriage is void or voidable. The table shows examples; dates and details come from each state guide:

Delaware (13 Del. C. 123(a)) and New Jersey (N.J.S.A. 37:1-6, since June 22, 2018) also issue no marriage license to anyone under 18. Other state guides record age changes since 2017 as well, including Alabama (Act 2019-340), Alaska (2022, raising the youngest age a judge may permit from 14 to 16), Arizona (2018), California (SB 273, effective January 1, 2019), Colorado (2019) and Utah (2019); see each state guide. Several states still allow marriage at 16 or 17 with a parent's consent or a court's approval, including Alabama, Idaho, Iowa, New Mexico, Utah and West Virginia (Iowa and Utah require a judge's approval as well as parental consent); Louisiana allows it with a judge's authorization; and Wyoming voids marriages under 16 and makes those of 16- and 17-year-olds voidable unless a judge approved them in advance, under a 2023 law with an exception in W.S. 20-1-102(d).

Older marriages usually stay under the old rules. Michigan applies its earlier nonage rules to marriages before the 2023 law, and Utah saves marriages lawfully made before May 14, 2019. Pennsylvania's voidable-marriage text still refers to parties under 16 and aged 16 or 17, even though no license can now issue to anyone under 18. Who may sue also varies: New Mexico lets the minor, a next friend, a parent or guardian, or the district attorney sue, but not the spouse who was over age (NMSA 40-1-9), and an Arkansas parent or guardian may ask the court to annul a marriage entered without required consent (9-11-104).

Children after an annulment

An annulment does not erase a child's relationship to both parents. Most state guides cite a statute making children of an annulled or void marriage legitimate or treating them as children of the marriage, including Connecticut (46b-60), Delaware (1506(c)), Hawaii (580-27), Illinois (750 ILCS 5/303), Maryland (Family Law 5-202), Montana (40-1-402(4)), New Jersey (2A:34-20), New York (DRL 24), North Carolina (G.S. 50-11.1), North Dakota (14-04-03), Vermont (520), Virginia (20-31.1) and Washington (26.09.040(5)).

Some states carve out exceptions or limits. Idaho excludes an annulment for fraud because the wife was pregnant by another man (32-503). Mississippi excludes incestuous marriages (93-7-5). Iowa and Nebraska make children legitimate unless the court decrees otherwise (598.31, 42-377). South Dakota's legitimacy rule applies when the annulment rests on a living former spouse or mental illness (25-3-3).

Other states reach the same place through the parentage presumption: a man married to the mother is presumed to be the father of a child born within 300 days after a marriage ends by annulment in Alabama, Kansas, Missouri, Ohio and Tennessee, with similar rules in New Mexico and Texas. Courts can make custody or child support orders in an annulment case in states including Arizona, Michigan, Minnesota, Mississippi, New York, Oregon, Pennsylvania and Wisconsin. Idaho requires custody to go to the innocent parent in an annulment for fraud or force (32-504). See child custody laws by state.

Property, support and inheritance after an annulment

States split sharply on whether a court that annuls a marriage can divide property or award spousal support.

• Courts can divide property and award support in many states, including Alaska, Colorado, Connecticut, Delaware, the District of Columbia (property), Iowa, Kansas, Maryland, Minnesota, New York, Oregon, Pennsylvania (property; its alimony sections are worded inconsistently, see the state guide), Vermont, Washington and Wisconsin. West Virginia calls for equal division of marital property on every judgment of annulment, except as 48-7-101 provides. New Hampshire allows term and reimbursement alimony (RSA 458:19-a), and North Carolina allows postseparation support (G.S. 50-16.1A(4)).
• Relief only for a good-faith spouse: in California, a judge can divide property or order spousal support only for a putative spouse, one who believed in good faith that the marriage was valid (Fam. Code 2251, 2254). Colorado, Illinois, Minnesota and Montana give a putative spouse the rights of a legal spouse, including maintenance, and Louisiana lets a good-faith party keep the civil effects of the marriage. Nebraska lets a good-faith spouse be compensated as in a divorce (42-378).
• Retroactive or not: in Illinois and Montana the judgment normally reaches back to the wedding, and the property, maintenance and child-support rules apply only if the court makes it non-retroactive (750 ILCS 5/304; MCA 40-1-402(5)). Missouri allows maintenance in a proceeding for nonretroactive invalidity (RSMo 452.335.1).
• Limited relief: the Nevada Self-Help Center says spouses who get an annulment typically cannot ask for alimony and the court will usually not divide property and debts. Georgia's Supreme Court refused alimony tied to a void marriage except to protect a child (Wright v. Hall, 2013). Michigan's statute lets the court restore property that came to either spouse because of the marriage (MCL 552.19).
• Fraud: South Carolina makes a spouse who committed the fraud still owe the support that would otherwise have existed (20-3-135).

Inheritance and beneficiaries. A person whose marriage to the decedent was annulled is not a surviving spouse in Alabama (43-8-252(a)) or Arizona (14-2802(A), unless they later remarried), and North Carolina strips estate rights from a spouse from whom or by whom an annulment was obtained (G.S. 31A-1). New Jersey revokes revocable gifts to the former spouse in a will or other instrument, unless the instrument, a court order or a property contract says otherwise (3B:3-14), and Virginia revokes revocable beneficiary designations naming the former spouse, subject to exceptions (20-111.1). Check beneficiary forms after any annulment.

Where and how to file

In most state guides, annulments go to the same trial court that hears divorces. Arizona, Georgia, Iowa, Massachusetts, Michigan, Mississippi, Nebraska and Pennsylvania all apply divorce procedure or divorce residency rules to annulment.

Residency rules range widely:

• No minimum period in some situations: Alaska (for a resident plaintiff), California (you need to live in the state when you file), New Hampshire and Nevada (if the marriage took place there), Oregon (married in Oregon and either spouse lives there), Texas (married in Texas or either spouse domiciled there) and the District of Columbia (married in D.C.).
• County residence only: Nebraska requires only that the plaintiff actually live in the county where the complaint is filed (42-373).
• Short periods: Colorado 30 days unless married in Colorado; Wisconsin 30 days in the county unless married in Wisconsin within the past year; Arizona 90 days; Hawaii three months.
• Six months: Delaware, Georgia, Ohio, Oklahoma, Pennsylvania, Vermont and Virginia.
• Longer tests: New York uses the same five residence tests as divorce, such as two continuous years (DRL 230), and Massachusetts requires domicile at the marriage and at filing, or five years of residence, for a marriage performed elsewhere.

Court forms differ too. Connecticut's annulment complaint is form JD-FM-240, and Washington's is FL Divorce 205, Petition to Invalidate (Annul) Marriage. The court systems in Alaska, New York and North Dakota say they do not provide annulment forms, and the Wisconsin State Law Library says there are no standard annulment forms. South Carolina lists a $150 filing fee for annulment actions.

Annulment vs. divorce

A divorce ends a valid marriage; an annulment declares that a legal marriage never properly came into being. The practical differences depend on the state: Connecticut's six-month period in 46b-53 does not apply to annulment actions, Texas applies no special waiting period to an annulment while a divorce generally cannot be granted before the 60th day (6.702), and some states limit property division or support after an annulment, as described above.

Many people who think of an annulment are really looking at a divorce, especially when no annulment ground fits or a deadline has passed. Georgia even lets a party to a void marriage choose to file for divorce instead if divorce grounds exist (19-4-2). See divorce laws by state for grounds, residency and waiting periods.

A religious annulment and a court annulment are separate processes, and one does not substitute for the other.

Federal rules: taxes, Social Security and immigration

There is no federal annulment, but federal agencies follow the state decree.

Taxes. The IRS says that if you obtain a court decree of annulment, which holds that no valid marriage ever existed, you are considered unmarried even if you filed joint returns for earlier years, and you must file amended returns (Form 1040-X) claiming single or head of household status for all affected years not closed by the statute of limitations (IRS Pub. 501). For a refund, the amended return generally must be filed within 3 years after the original return or 2 years after paying the tax, whichever is later. IRS Pub. 504 adds that an annulment usually does not nullify community property rights that arose during the "marriage," though state law may have exceptions.

Social Security. Void and voidable marriages are treated differently. A void marriage never existed, so it does not block a claimant who must be unmarried, and the decree date is irrelevant (POMS GN 00305.125). A voidable marriage is valid until annulled, and benefits are payable no earlier than the month the annulment decree issues (POMS GN 00305.130). Divorced putative spouse benefits cannot be paid based on an annulment (POMS GN 00305.085).

Immigration. For a conditional permanent resident, federal law lets the government terminate conditional status if, before the second anniversary the statute specifies, the qualifying marriage has been judicially annulled or terminated other than through death (8 U.S.C. 1186a(b)(1)(A)(ii)). A waiver of the joint filing requirement on Form I-751 is available if the marriage was entered in good faith but ended by annulment or divorce, and the evidence includes the final annulment decree (USCIS).

Disclaimer: This hub provides general legal information about annulment laws in the 50 US states and the District of Columbia, and related federal rules, as summarized from the linked state guides and verified on October 9, 2026. It is not legal advice. Annulment grounds, deadlines and effects change and depend on the facts. For your situation, consult a lawyer licensed in your state or your state court's self-help center.

Related

• Divorce laws by state
• Legal separation laws by state
• Prenuptial agreement laws by state
• Common-law marriage by state
• Child custody laws by state
• Marriage and divorce records by state

Last updated: October 9, 2026.

Frequently Asked Questions

What is the difference between an annulment and a divorce?

A divorce ends a valid marriage, while an annulment declares that the marriage was legally defective from the start. Each state sets its own grounds; Georgia, for example, lets a party to a void marriage file for divorce instead if divorce grounds exist (O.C.G.A. 19-4-2).

How long do you have to get an annulment?

It depends on the state and the ground. Pennsylvania allows only 60 days for two grounds, Delaware, Illinois, Kentucky and Minnesota allow 90 days after learning of the problem for capacity, force or fraud, and California, Idaho, North Dakota and South Dakota allow 4 years for fraud.

Can you get an annulment after living together?

Often not on a voidable ground. Many states, including California, New York, Ohio, Texas and Virginia, bar an annulment for fraud, force or similar grounds if the spouses kept living together after learning the truth or after the problem ended, and South Carolina bars one for want of consent once the marriage was consummated by cohabitation (S.C. Code 20-1-530).

Is lying about money grounds for an annulment?

Usually not. Most states require fraud that goes to the essentials of the marriage; an Ohio appeals court held that false statements about finances were not enough (M.K. v. K.M., 2024-Ohio-5147), and South Carolina has said misrepresentations about character, social standing or fortune do not qualify.

Are children of an annulled marriage legitimate?

In most states, yes. Statutes in states such as Delaware, Illinois, New York, Virginia and Washington make children of an annulled or void marriage legitimate, and several others presume the husband is the father of a child born within 300 days after an annulment.

Can you get alimony or a property division after an annulment?

It depends on the state. Courts can divide property and award support in states such as Colorado, Delaware and New York, while California allows that relief only for a good-faith putative spouse (Fam. Code 2251, 2254) and the Nevada Self-Help Center says annulled spouses typically cannot ask for alimony.

Can you annul a marriage after your spouse dies?

Usually only a void marriage. Colorado, Minnesota, Montana and Pennsylvania bar some or all voidable grounds after a spouse dies, while Illinois lets a prohibited marriage be challenged up to 3 years after the first spouse dies (750 ILCS 5/302(c)).

Do I need to amend my tax returns after an annulment?

The IRS says a court decree of annulment means you are considered unmarried even for years you filed jointly, and you must file amended returns (Form 1040-X) claiming single or head of household status for affected years not closed by the statute of limitations (IRS Pub. 501).

Does a church annulment count as a legal annulment?

No. A religious annulment and a court annulment are separate processes. The state and federal rules described here, such as the IRS treatment of annulled marriages, refer to a court decree of annulment.