Alabama Annulment Laws: Grounds, Void Marriages and Process (2026)

Yes, but Alabama annulment comes from court decisions, not a grounds statute. The marriage and divorce chapters of the Code of Alabama (Title 30, chapters 1 and 2) contain no section listing grounds for annulment, so Alabama courts decide whether a marriage is void or voidable under case law such as Rickard v. Trousdale (Ala. 1987), Abel v. Waters (Ala. Civ. App. 1979) and Janda v. Janda (Ala. Civ. App. 2007).

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil annulment of a marriage under Alabama case law (Rickard v. Trousdale, Abel v. Waters, Janda v. Janda) and the Code of Alabama sections that mention annulment or bear on marriage validity: Ala. Code 12-3-10, 13A-13-3, 26-17-204, 30-1-4, 30-1-5, 30-1-9.1, 30-1-20, 30-2-51, 30-2-56, 30-2-57, 30-4-17, 43-8-137 and 43-8-252. It does not cover religious annulment or other states' law. For divorce, see Alabama divorce laws.

Can you get an annulment in Alabama?

Yes. Alabama courts grant annulments, but no Alabama statute sets out the grounds or the procedure. Title 30, chapters 1 and 2 (the marriage and divorce chapters, sections 30-1-3 through 30-1-20 and 30-2-1 through 30-2-58) contain no annulment grounds section. The Code mentions annulment in sections on alimony, probate, paternity, appeals, property transfers and vital records.

That means the rules come from the courts. The leading opinions sort marriages into two groups. A void marriage was never valid at all. A voidable marriage is valid until a court sets it aside at the request of the injured spouse, and it can sometimes be ratified.

The difference matters for timing. In Rickard v. Trousdale, 508 So. 2d 260 (Ala. 1987), the Alabama Supreme Court explained (citing Osoinach v. Watkins, 1938) that a void marriage can be attacked even after one spouse's death, while a merely voidable marriage can be attacked only while both spouses are living.

Void marriages in Alabama

These are the situations the Alabama cases and statutes cited here treat as void, or as a bar to marrying at all.

Close relatives. Alabama's incest statute, Ala. Code 13A-13-3(a), makes it a crime to marry or have sexual intercourse with a person the defendant knows to be an ancestor or descendant (by blood or adoption), a brother or sister (whole or half blood, or by adoption), a stepchild or stepparent while the marriage creating that relationship exists, or an aunt, uncle, nephew or niece (whole or half blood). The list does not include first cousins. The marriage paperwork also requires each party to swear in a notarized affidavit that the parties are not related by blood or adoption such that the marriage would violate 13A-13-3, along with statements that the party is not currently married, is legally competent to marry, and is marrying voluntarily and not under duress or undue influence (Ala. Code 30-1-9.1(b)(2)). The statutes cited here do not say whether a marriage between those relatives is void or voidable; a lawyer licensed in Alabama can explain how a court would treat one.

Voidable marriages: fraud and temporary incapacity

Alabama case law recognizes two main voidable grounds.

In Janda, the Court of Civil Appeals held that "a fraud perpetrated at the time of the marriage and going to the essence of the marital relationship renders the marriage voidable by the injured party." The court also quoted an older Alabama Supreme Court decision, Hyslop v. Hyslop (1941): "Few, if any, kinds of fraud or trickery will warrant a nullity suit, after the marital status is actually entered upon by cohabitation and marital intercourse has intervened."

On temporary incapacity, Abel v. Waters explains: "If the mental impairment preventing such assent is only temporary, as where intoxication renders a person incapable of knowing what he or she has done, the marriage may be ratified upon removal of the disability. Such a marriage is voidable as opposed to void."

Because no statute sets a deadline for these claims, the limits come from the case law, including the rule in Rickard that a voidable marriage can be challenged only while both spouses are alive. This page does not cover every way an Alabama court might find a voidable marriage ratified or a claim barred.

Underage marriage in Alabama

Act 2019-340, effective August 29, 2019, replaced Alabama's marriage license and ceremony with a filed marriage document (Ala. Code 30-1-9.1) and amended the age-consent section, 30-1-5. Alabama still allows some 16- and 17-year-olds to marry:

• Under 16: "A person under the age of 16 years is incapable of contracting marriage" (Ala. Code 30-1-4).
• 16 or 17: If the person "has not had a former wife or husband," a parent or guardian must consent, and "Evidence of consent shall be in the form of an affidavit signed by a parent or guardian, notarized, and filed with the probate court" (Ala. Code 30-1-5).

The history line of 30-1-5 shows no amendment after the 2019 act as of this page's verification date. The statutes do not state what happens to a marriage of a 16- or 17-year-old entered without the required affidavit.

How to file for an annulment in Alabama

Court. Annulment cases are heard in circuit court; Janda v. Janda, for example, was an appeal from a Baldwin Circuit Court annulment judgment. Appeals in "domestic relations cases, including annulment, divorce, adoption, and child custody cases" go to the Alabama Court of Civil Appeals (Ala. Code 12-3-10).

Residency. No Alabama statute sets a residency requirement specifically for annulment. Alabama's divorce residency rule (Ala. Code 30-2-5, six months when the defendant is a nonresident) is written for divorce complaints, and this page does not cover whether a court applies it to annulment.

Forms. This page does not cover whether the Alabama courts' online forms portal offers an annulment form. The circuit clerk in your county can tell you what the court accepts, and because annulment is case-law based, a lawyer licensed in Alabama can explain which ground, if any, fits your facts.

Property, alimony, children and inheritance after an annulment

Interim alimony and fees. Under Ala. Code 30-2-56(a)(1), "In an action for divorce, legal separation, or annulment, the court may award either spouse interim alimony" on a showing of several conditions, the first being that "the spouse maintains the validity of the marriage." Section 30-2-56 also provides for interim fees. These provisions apply to actions filed on or after January 1, 2018 (Ala. Code 30-2-58).

Final alimony and property division. Alabama's rehabilitative and periodic alimony section applies "Upon granting a divorce or legal separation" (Ala. Code 30-2-57(a)), and the property-division section, under which "The marital estate is subject to equitable division and distribution," applies upon granting a divorce (Ala. Code 30-2-51). Neither names annulment. This page does not cover whether or how an Alabama court divides property or awards final alimony after an annulment; that is a question for a lawyer licensed in Alabama.

Children. Alabama's parentage statute keeps the presumption of fatherhood in place. A man is presumed to be the father if "he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce," or if before the birth they "married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid" (Ala. Code 26-17-204(a)). For custody and support, see Alabama child custody laws.

Inheritance and wills. Under Ala. Code 43-8-252(a), "An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death." Annulment also revokes provisions in a will in favor of the former spouse (Ala. Code 43-8-137). Under Ala. Code 30-4-17, an annulment also generally revokes revocable beneficiary designations and similar transfers to the former spouse made before the annulment, unless the instrument, a court order or a property agreement between the spouses provides otherwise.

Name. This page does not cover restoring a former name after an annulment.

Good-faith marriages and common-law marriage

The sections cited on this page do not include a putative-spouse statute. Two related rules apply to good-faith marriages:

• The parentage presumption in Ala. Code 26-17-204(a) covers a marriage entered "in apparent compliance with law" even if it is or could be declared invalid.
• In Rickard v. Trousdale, the Alabama Supreme Court applied the rule that when parties marry in good faith despite an impediment (here, a prior marriage) and keep living together after it is removed, the law presumes a common-law marriage.

That second route has limits now. Under Ala. Code 30-1-20, no common-law marriage may be entered into in Alabama on or after January 1, 2017, though common-law marriages formed before then remain valid. See Alabama common-law marriage for how those older marriages are proved.

Annulment vs. divorce in Alabama

A divorce ends a valid marriage; an annulment establishes that a marriage was void or sets aside a voidable one. In Alabama, divorce has detailed statutes in Title 30, chapter 2, while annulment rests mostly on case law, so see Alabama divorce laws if your marriage was valid. A church annulment and a court annulment are separate processes, and one does not produce the other.

Disclaimer: This article provides general legal information about annulment in Alabama under Alabama case law and the Code of Alabama sections named above. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Alabama or your county's circuit clerk.

Related

• Annulment laws in every state
• Alabama divorce laws
• Alabama common-law marriage
• Alabama child custody laws
• Alabama marriage and divorce records

Last updated: 2026-10-08.

Frequently Asked Questions

Is there an annulment statute in Alabama?

Not one that lists grounds. Title 30, chapters 1 and 2 of the Code of Alabama contain no annulment grounds section, so courts decide annulments under case law such as Janda v. Janda (Ala. Civ. App. 2007).

Can you get an annulment for fraud in Alabama?

Possibly. Fraud at the time of the marriage that goes to the essence of the marital relationship makes the marriage voidable by the injured party (Janda v. Janda, 2007), but courts have been reluctant to annul for fraud after the couple has lived together and consummated the marriage.

Is a bigamous marriage void in Alabama?

Yes. The Alabama Supreme Court described a marriage entered while a prior marriage was undissolved as null and void for bigamy (Rickard v. Trousdale, 1987).

Can a marriage be annulled after a spouse dies in Alabama?

A void marriage can be attacked after a spouse's death, but a voidable marriage can be attacked only while both spouses are alive (Rickard v. Trousdale, Ala. 1987).

What is the minimum age to marry in Alabama?

A person under 16 is incapable of contracting marriage (Ala. Code 30-1-4). A 16- or 17-year-old who has not been married before needs a parent's or guardian's notarized affidavit filed with the probate court (Ala. Code 30-1-5).

Can I get alimony during an Alabama annulment case?

A court may award interim alimony in an action for annulment if the requesting spouse maintains the validity of the marriage and meets the other conditions in Ala. Code 30-2-56(a)(1).

Does an annulled spouse inherit in Alabama?

No, unless they later remarried the decedent. A person whose marriage to the decedent was annulled is not a surviving spouse (Ala. Code 43-8-252(a)).