Connecticut
Connecticut Annulment Laws: Grounds, Forms and How to File (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 18 primary sources cited on this page. How we verify our legal content
Yes. Connecticut's Superior Court can enter a decree of annulment, and Conn. Gen. Stat. 46b-40(b) says an annulment "shall be granted if the marriage is void or voidable under the laws of this state or of the state in which the marriage was performed." Connecticut has no single statute that lists the grounds, so the court looks to the marriage statutes and to case law.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers civil annulment in Connecticut under Conn. Gen. Stat. chapters 815e and 815j, including sections 46b-20a, 46b-21, 46b-21a, 46b-22, 46b-24, 46b-29, 46b-36h, 46b-40, 46b-42, 46b-44, 46b-48, 46b-60, 46b-63, 46b-67, 46b-81 and 46b-82. It does not cover divorce (called dissolution of marriage in Connecticut) in depth, religious annulment, how support amounts are calculated, or other states' law. For divorce, see Connecticut divorce laws.
What Connecticut calls an annulment
Connecticut uses the term annulment, and the operative sentence sits in the same section as divorce and legal separation. Conn. Gen. Stat. 46b-40(b) provides:
"An annulment shall be granted if the marriage is void or voidable under the laws of this state or of the state in which the marriage was performed."
That sentence tells the court when to grant an annulment, but it does not list grounds. The Connecticut Judicial Branch's law-library guide, Annulment of Marriages in Connecticut (2025 edition), puts it this way: "Unlike the statutory provisions regarding the grounds for dissolution of a marriage, there is no single statute itemizing the grounds for annulment. The Court must, therefore, look to the statutes and case law."
So whether a particular marriage can be annulled depends on finding a defect in the marriage statutes or in Connecticut case law. The sections below separate what the statutes themselves say from what the Judicial Branch guide reports from the cases.
Marriages the statutes call void
Two Connecticut marriage statutes use the word "void" in their own text.
| Defect | What the statute says | Cite |
|---|---|---|
| Close family relationship | "No person may marry such person's parent, grandparent, child, grandchild, sibling, parent's sibling, sibling's child, stepparent or stepchild. Any marriage within these degrees is void." | Conn. Gen. Stat. 46b-21 |
| Ceremony by an unauthorized person | Marriages "attempted to be celebrated by any other person" than those the statute authorizes to solemnize marriages "are void." | Conn. Gen. Stat. 46b-22(a) |
The second rule has a carve-out. Section 46b-22a validates certain earlier marriages, performed before 2014 or 2015 (the section sets the dates), by justices of the peace or family support referees who were not authorized. If a ceremony was performed by one of those officials, check section 46b-22a before assuming the marriage is void.
Since October 1, 2025, a separate section, 46b-21a (added by Public Act 25-72), also provides that no person may knowingly marry a first cousin, and section 46b-20a(4) now ties eligibility to marry to both 46b-21 and 46b-21a. Section 46b-21a does not itself say whether such a marriage is void or voidable.
Other defects the statutes and the guide recognize
A prior marriage that was never ended is a recognized annulment ground, but the statute frames it as a matter of eligibility. Section 46b-20a(1) says a person is eligible to marry only if the person is "Not a party to another marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, entered into in this state or another state or jurisdiction, unless the parties to the marriage will be the same as the parties to such other relationship." The section does not itself use the word "void," but the Judicial Branch guide lists a bigamous marriage among the grounds for annulment.
The guide's Table 1, "Grounds for Annulment," lists: bigamous marriage; consanguinity or affinity; defects in marriage ceremony; duress or undue influence; fraud; mental incompetence; physical incompetence; misrepresentation or concealment; and nonage (being under the legal age). Several of these come from case law rather than a statute. A Superior Court decision quoted in the guide, citing Lyman v. Lyman (1916), says fraud must go to the "essentialia of the marriage relation," giving concealed incapacity for sexual intercourse as an example.
The table below covers the statutory provisions the guide connects to annulment, plus the case-law grounds. Where a column says "not stated," the statute read for this article does not address it; it does not mean no rule exists.
| Ground | Who may file | Time limit | What bars the claim | Cite |
|---|---|---|---|---|
| Prior undissolved marriage or equivalent relationship | Not stated in the statute | Not stated in the statute | Not stated in the statute | Conn. Gen. Stat. 46b-20a(1); Judicial Branch guide, Table 1 |
| Ceremony requirements not met (a Connecticut ceremony "shall be conducted by and in the physical presence of a person who is authorized to solemnize marriages") | Not stated in the statute | Not stated in the statute | Not stated in the statute | Conn. Gen. Stat. 46b-24(a), (d); guide |
| Person under conservatorship married without the conservator's written consent | Not stated in the statute | Not stated in the statute | Not stated in the statute | Conn. Gen. Stat. 46b-29; guide |
| Spouse convicted of an offense against chastity that would be a ground for dissolution or annulment | "Any person aggrieved" | Petition "within four months of the conviction" | Not stated | Conn. Gen. Stat. 46b-48 |
| Fraud, misrepresentation or concealment; duress or undue influence; mental or physical incompetence; nonage | Not covered by this article | Not covered by this article | The guide refers to case law on continued cohabitation after discovering fraud | Case law, per Judicial Branch guide, Table 1 |
Two of these statutes describe a consequence other than voidness. Section 46b-29(b) says a person who marries someone under conservatorship without the required consent "shall acquire no rights by such marriage in the property of" that person. Section 46b-24(d) speaks of what is needed for a marriage "to be valid in this state." Under section 46b-48, the court "may grant a dissolution or annulment of the marriage or such other relief as the court determines," so relief on that ground is discretionary.
For the case-law grounds, the guide quotes court decisions that this page does not analyze. Who may bring those claims, how long a person has, and what conduct ends the right to annul are questions for a lawyer licensed in Connecticut or the court's law library.
Underage marriage after Public Act 23-44
Since July 1, 2023, Connecticut requires a person to be "At least eighteen years of age" to be eligible to marry (Conn. Gen. Stat. 46b-20a(2)). Public Act 23-44, titled "An Act Concerning the Minimum Age to be Eligible to Marry," made that change.
It finished a reform that began in 2017. Public Act 17-54 repealed former section 46b-30, effective October 1, 2017, and moved the rule for 16- and 17-year-olds into section 46b-20a(b). Public Act 23-44 then deleted that subsection.
Section 46b-20a lists age 18 as an eligibility condition but does not say whether a marriage entered by someone under 18 is void or voidable. Nonage appears among the grounds in the Judicial Branch guide's table. This article does not answer how a court treats a particular underage marriage; a lawyer licensed in Connecticut can address that.
How to file for an annulment in Connecticut
Court. The Superior Court "shall have exclusive jurisdiction of all complaints seeking a decree of annulment, dissolution of a marriage or legal separation" (Conn. Gen. Stat. 46b-42).
Residency. The 12-month residency rule in section 46b-44 speaks to decrees of dissolution and legal separation, not annulment. The Judicial Branch guide states, citing Connecticut Appellate Court case law, that although the annulment statutes do not say so, at least one party must be domiciled in Connecticut. This page does not analyze that decision.
No six-month period. Section 46b-67(c) provides that "The six-month period referred to in section 46b-53 shall not apply in actions for annulment and the court may proceed on any cause of action for annulment in the manner generally applicable in civil actions."
Forms. The Judicial Branch annulment complaint is form JD-FM-240, Annulment Complaint (Rev. 1-26). The documents to attach with it are a Summons (JD-FM-3), the Notice of Automatic Court Orders (JD-FM-158) and a blank Appearance (JD-CL-12). The Judicial Branch law libraries also publish the Annulment of Marriages in Connecticut research guide, which collects the statutes and cases.
Children, property and support after an annulment
Children. Section 46b-60 provides: "The issue of any void or voidable marriage shall be deemed a child of the marriage." The same section lets the court make orders on custody, support and alimony in an annulment case as it would in a dissolution. For how custody is decided, see Connecticut child custody laws.
Property. Section 46b-81(a) applies property division to annulment: "At the time of entering a decree annulling or dissolving a marriage or for legal separation ... the Superior Court may assign to either spouse all or any part of the estate of the other spouse."
Alimony. Section 46b-82(a) allows the court, "At the time of entering the decree," to order either party to pay alimony to the other. For how alimony works, see Connecticut alimony laws.
Marital status. Under section 46b-67(c), "A decree of annulment or dissolution shall give the parties the status of unmarried persons and they may marry again."
A premarital agreement. If the marriage is held void or voidable, section 46b-36h provides that an agreement "that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result."
Name change. Connecticut's name-restoration statute, section 46b-63, speaks of a "decree dissolving a marriage." Its text does not say whether it reaches an annulment decree; the court clerk or a lawyer can address that.
Putative spouse. No putative-spouse statute appears in chapters 815e or 815j of the General Statutes, and this article does not cover Connecticut case law on putative spouses.
Annulment vs. divorce in Connecticut
An annulment is granted when the marriage was void or voidable from the start (46b-40(b)). A dissolution of marriage ends a valid marriage on one of the causes listed in section 46b-40(c), such as irretrievable breakdown, and the residency rules in section 46b-44 apply to it. For dissolution grounds, residency and procedure, see Connecticut divorce laws.
A church or religious annulment and a court annulment are separate processes; one does not take the place of the other. If you need a certified copy of a marriage or divorce record, see Connecticut marriage and divorce records.
Disclaimer: This article provides general legal information about civil annulment under the Connecticut General Statutes, chapters 815e and 815j. It is not legal advice. The information was verified on 2026-10-08, and the law can change; the 2026 Supplement to chapter 815e, which carries the 2025 changes to sections 46b-20a and 46b-21a, was also checked. For advice about your situation, consult a lawyer licensed in Connecticut or a Connecticut Judicial Branch law library.
Related
- Annulment laws in every state
- Connecticut divorce laws
- Connecticut common-law marriage
- Connecticut child custody laws
- Connecticut marriage and divorce records
Last updated: 2026-10-08.
Frequently Asked Questions
Can you get an annulment in Connecticut?
Yes. Under Conn. Gen. Stat. 46b-40(b), the Superior Court shall grant an annulment if the marriage is void or voidable under Connecticut law or the law of the state where the marriage was performed.
What are the grounds for annulment in Connecticut?
No single statute lists them. Statutes make a marriage void for close family relationships (46b-21) and for a ceremony by an unauthorized person (46b-22(a)), and the Judicial Branch guide lists further grounds from statutes and case law, including bigamy, fraud, duress, incompetence and nonage.
Is there a waiting period for an annulment in Connecticut?
The six-month period in 46b-53 does not apply to annulment, and the court may proceed in the manner generally applicable in civil actions (Conn. Gen. Stat. 46b-67(c)).
Are children of an annulled marriage legitimate in Connecticut?
Conn. Gen. Stat. 46b-60 provides that the issue of any void or voidable marriage shall be deemed a child of the marriage.
Can property be divided in a Connecticut annulment?
Yes. When it enters a decree annulling a marriage, the Superior Court may assign to either spouse all or any part of the estate of the other spouse (Conn. Gen. Stat. 46b-81(a)).
What form do I use to file for annulment in Connecticut?
The Judicial Branch annulment complaint is JD-FM-240, filed with a Summons (JD-FM-3), the Notice of Automatic Court Orders (JD-FM-158) and a blank Appearance (JD-CL-12).
What is the minimum marriage age in Connecticut?
Since July 1, 2023, a person must be at least 18 to be eligible to marry (Conn. Gen. Stat. 46b-20a(2), as amended by Public Act 23-44).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Connecticut General Statutes, Title 46b (Family Law), Chapter 815j
§ 46b-40(Formerly Sec. 46-32). Grounds for dissolution of marriage; legal separation; annulment.In forcecited in 3 of our articles
(a) A marriage is dissolved only by (1) the death of one of the parties or (2) a decree of annulment or dissolution of the marriage by a court of competent jurisdiction. (b) An annulment shall be granted if the marriage is void or voidable under the laws of this state or of the state in which the marriage was performed. (c) A decree of dissolution of a marriage or a decree of legal separation shall be granted upon a finding that one of the following causes has occurred: (1) The marriage has broken down irretrievably; (2) the parties have lived apart by reason of incompatibility for a continuous period of at least the eighteen months immediately prior to the service of the complaint and that there is no reasonable prospect that they will be reconciled; (3) adultery; (4) fraudulent contract; (5) wilful desertion for one year with total neglect of duty; (6) seven years' absence, during all of which period the absent party has not been heard from; (7) habitual intemperance; (8) intolerable cruelty; (9) sentence to imprisonment for life or the commission of any infamous crime involving a violation of conjugal duty and punishable by imprisonment for a period in excess of one year;…
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at cga.ct.gov
Cited in 65 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Mitchell v. Mitchell (Supreme Court of Connecticut 1984, 194 Conn. 312)“…enced an action for dissolution of the marriage pursuant to General Statutes § 46b-40, the general dissolution provision. On…”
- Grimm v. Grimm (Connecticut Appellate Court 2004, 82 Conn. App. 41)“…his appeal, the defendant, Robert L. Grimm, claims that (1) General Statutes § 46b-40 (c) (l) 1 violates the free exercise o…”
- Foisie v. Foisie (Supreme Court of Connecticut 2020, 335 Conn. 525)“…ed marriage automatically would be dissolved under General Statutes § 46b-40 due to the defendant’s death,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Connecticut Divorce Laws (2026): Grounds, Residency, and Process, Connecticut Legal Separation: Grounds, Residency and Conversion (2026)
§ 46b-60(Formerly Sec. 46-55). Orders re children and alimony in annulment cases.In force
In connection with any petition for annulment under this chapter, the Superior Court may make such order regarding any child of the marriage and concerning alimony as it might make in an action for dissolution of marriage. The issue of any void or voidable marriage shall be deemed a child of the marriage. Any child born before, on or after October 1, 1976, whose birth occurred prior to the marriage of his parents shall be deemed a child of the marriage.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at cga.ct.gov
§ 46b-67(Formerly Sec. 46-44). Time frame for court to proceed in action for dissolution of marriage or civil union, legal separation or annulment.In forcecited in 3 of our articles
(a) Unless the parties reach a full agreement upon which they ask the court to enter judgment prior to the return date, following the second day after which a complaint for dissolution or legal separation is made returnable, or after the expiration of six months, where proceedings have been stayed under section 46b-53, the court may proceed on the complaint, or whenever dissolution is claimed under cross complaint, amended complaint or amended cross complaint, the case may be heard and a decree granted thereon after the expiration of twenty days from the filing of the cross complaint, amended complaint or amended cross complaint with the court, provided the requirement of the twenty-day delay shall not apply (1) whenever the opposing party, having appeared, consents to the cross complaint, amended complaint or amended cross complaint, or (2) where the defendant has not appeared and the amendment does not set forth either a cause of action or a claim for relief not in the original complaint.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at cga.ct.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- LaCroix v. LaCroix (Supreme Court of Connecticut 1983, 189 Conn. 685)“…endant on the basis of the cross eomplaint. He asserts that General Statutes § 46b-67 3 mandates a twenty-day wa…”
- Dutkiewicz v. Dutkiewicz (Supreme Court of Connecticut 2008, 289 Conn. 362)“…ing period, also measured from the return date, required by General Statutes § 46b-67 (a). 7 Under § 46b-67 (a),…”
- Loughlin v. Loughlin (Connecticut Appellate Court 2006, 93 Conn. App. 618)“…s of two single people, regardless of their intentions. See General Statutes 46b-67 (b) (“decree of . . . dissolution shall…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Connecticut General Statutes, Title 46b (Family Law), Chapter 815e
§ 46b-21(Formerly Sec. 46-1). Marriage of persons related by consanguinity or affinity prohibited.In forcecited in 2 of our articles
No person may marry such person's parent, grandparent, child, grandchild, sibling, parent's sibling, sibling's child, stepparent or stepchild. Any marriage within these degrees is void.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at cga.ct.gov
Also relied on in: Connecticut Marriage License Requirements 2026: 48-Hour Wait, $50
§ 46b-20aEligibility to marry.In forcecited in 3 of our articles
A person is eligible to marry if such person is: (1) Not a party to another marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, entered into in this state or another state or jurisdiction, unless the parties to the marriage will be the same as the parties to such other relationship; (2) At least eighteen years of age; (3) Except as provided in section 46b-29, not under the supervision or control of a conservator; and (4) Not prohibited from entering into a marriage pursuant to section 46b-21.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at cga.ct.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- Luster v. Luster (Connecticut Appellate Court 2011, 128 Conn. App. 259)“…ction on a conserved person's ability to marry. Pursuant to General Statutes § 46b-20a, a conserved person is not permitted to…”
- Latta v. Otter (Court of Appeals for the Ninth Circuit 2015, 779 F.3d 902)“…e also Cal. Fam.Code § 300 (permitting same-sex marriage); Conn. Gen.Stat. Ann. § 46b-20a (same); Del.Code Ann. tit. 13, § 129 (s…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Connecticut: Is It Recognized? (2026)
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Sources and References
- Conn. Gen. Stat. chapter 815j, 46b-40 (grounds for annulment, dissolution and legal separation)(www.cga.ct.gov).gov
- Annulment of Marriages in Connecticut (Connecticut Judicial Branch Law Libraries research guide, 2025 ed.)(www.jud.ct.gov).gov
- Conn. Gen. Stat. 46b-21 (marriage within prohibited degrees void)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-22 (who may join persons in marriage; unauthorized ceremonies void)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-20a (eligibility to marry)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-24 (license and ceremony requirements)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-29 (marriage of persons under conservatorship)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-48 (dissolution or annulment after conviction of an offense against chastity)(www.cga.ct.gov).gov
- Connecticut General Assembly, Public Act 23-44, An Act Concerning the Minimum Age to be Eligible to Marry (bill status)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-42 (Superior Court jurisdiction)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-67 (effect of annulment decree; six-month period inapplicable)(www.cga.ct.gov).gov
- Connecticut Judicial Branch form JD-FM-240, Annulment Complaint (Rev. 1-26)(www.jud.ct.gov).gov
- Conn. Gen. Stat. 46b-60 (children of void or voidable marriages; orders in annulment)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-81 (assignment of property)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-82 (alimony)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-36h (premarital agreement where marriage is void or voidable)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-63 (restoration of birth name)(www.cga.ct.gov).gov
- Conn. Gen. Stat. 46b-20a and 46b-21a, 2026 Supplement (Public Act 25-72, first-cousin marriage prohibited on and after Oct. 1, 2025)(www.cga.ct.gov).gov