District of Columbia
DC Annulment Laws: Grounds, Residency and How to File (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 14 primary sources cited on this page. How we verify our legal content
The District of Columbia allows annulment. D.C. Code § 16-903 lets the court enter a decree annulling a marriage "as illegal and void" on the grounds in §§ 46-401.01 and 46-403, and § 16-904(d) lists the situations in which a marriage may be annulled. None of these sections sets a filing deadline, and for a marriage performed in D.C., where the spouses live does not matter (§ 16-902(d)).
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers annulment under D.C. Code §§ 16-902, 16-903, 16-904(d) and 16-910 to 16-920, the void and voidable marriages in §§ 46-401.01 to 46-404, and the District's age-18 marriage rule in § 46-411. It does not cover religious annulments, criminal law or other states' law. For ending a valid marriage, see District of Columbia divorce laws.
Can you get an annulment in DC?
Yes. D.C. Code § 16-903 provides:
"A decree annulling the marriage as illegal and void may be rendered on any of the grounds specified by sections 46-401.01 and 46-403 as invalidating a marriage."
Section 16-904(d) separately lists the cases in which "Marriage contracts may be annulled." Together these sections set out two kinds of defective marriage: marriages that are void from the start, and marriages that are invalid on grounds a court must decide.
Void marriages in DC
Section 46-401.01 lists marriages that "are prohibited in the District of Columbia and shall be absolutely void ab initio, without being so decreed, and their nullity may be shown in any collateral proceedings." Two categories remain in force (paragraphs (1) and (2) have been repealed).
Close relatives. Section 46-401.01(2A) prohibits marriage of a person with the person's "grandparent, grandparent's spouse, spouse's grandparent, parent's sibling, parent, step-parent, spouse's parent, child, spouse's child, child's spouse, sibling, child's child, child's child's spouse, spouse's child's child, sibling's child."
A spouse who was already married. Section 46-401.01(3) covers "The marriage of any persons either of whom has been previously married and whose previous marriage has not been terminated by death or a decree of divorce." Section 16-904(d)(1) also lists a marriage contracted while either party had a former spouse living, unless the former marriage had been lawfully dissolved.
Even though these marriages are void without a decree, § 46-402 provides that "Any of such marriages may also be declared to have been null and void by judicial decree."
Other grounds for annulment in DC
| Ground | Statute | Who may file | Bars stated in the statute |
|---|---|---|---|
| A person adjudged unable, by reason of mental incapacity, to give valid consent (§ 46-403(1)), or marriage during the insanity of either party (§ 16-904(d)(2)) | §§ 46-403(1), 16-904(d)(2) | For a person with mental illness, a next friend (§ 46-404) | Insanity ground barred by voluntary cohabitation after the insanity was discovered (§ 16-904(d)(2)) |
| Consent procured by force or fraud, or marriage procured by fraud or coercion | §§ 46-403(2), 16-904(d)(3) | Not named in § 46-404 | § 46-404 bar described below |
| Either party under the age of consent, 18 | §§ 46-403(4), 16-904(d)(5) | The minor through a next friend, or a parent or guardian (§ 46-404); § 16-904(d)(5) allows the suit only by the party who was under 18 | None stated |
| Matrimonial incapacity at the time of marriage, unknown to the other spouse, that has continued | § 16-904(d)(4) | Not named | None stated |
Section 46-404 also bars a suit by a person who, "being fully capable of contracting a marriage, has knowingly and wilfully contracted any marriage declared illegal." Sections 46-404 and 16-904(d)(5) describe who may sue over an underage marriage differently, so a lawyer licensed in D.C. can explain how the court reads them together.
The sections in this table do not set a filing deadline. This page does not cover whether an annulment can be sought after a spouse dies.
DC's age-18 marriage rule
D.C. now sets 18 as the minimum age to marry. Section 46-403(4) covers a marriage "When either of the parties is under the age of consent, which is hereby declared to be 18 years of age." Section 46-411 provides: "If any person intending to marry and seeking a license therefore shall be under 18 years of age, the Clerk shall not issue such license."
The section histories of §§ 46-403, 46-411 and 16-904 show these changes took effect on March 21, 2025, under D.C. Law 25-311. Section 16-904(d)(5) uses the same age 18.
How to file for an annulment in DC
Residency depends on where the marriage took place. Section 16-902 provides:
"(c) No action for annulment of a marriage performed outside the District of Columbia or for affirmance of any marriage shall be maintainable unless one of the parties is a bona fide resident of the District of Columbia at the time of the commencement of the action. (d) The residence of the parties to an action for annulment of a marriage performed in the District of Columbia shall not be considered in determining whether the action shall be maintainable."
The six-month residency rule for divorce and legal separation in § 16-902(a) does not apply to annulment. This page does not list the court's annulment forms or filing fees; the court clerk can explain the current filing steps.
When the decree takes effect
Section 16-920 provides that "A decree or judgment annulling or dissolving a marriage, granting an absolute divorce, or terminating a domestic partnership, shall become effective to dissolve the bonds of matrimony or domestic partnership 30 days after the docketing of the decree or judgment unless either party applies for a stay with the Superior Court of the District of Columbia or the District of Columbia Court of Appeals." If both parties file a joint waiver of the right to appeal, the decree becomes final when the waiver is docketed.
Property and support after an annulment
D.C. treats annulment like divorce for property. Section 16-910(a) applies "Upon entry of a final decree of legal separation, annulment, or divorce," and, "in the absence of a valid antenuptial or postnuptial agreement resolving all issues related to the property of the parties," directs the court to assign each spouse's separate property and equitably distribute marital property.
Temporary support is available in some annulment cases. Under § 16-911(a), in "an action by a spouse to declare the marriage null and void, where the nullity is denied by the other spouse, the court may: (1) require the spouse or domestic partner to pay pendente lite alimony." The final alimony statute, § 16-913(a), applies "When a divorce or legal separation is granted" and does not mention annulment. Ask a lawyer licensed in D.C. whether support is available after an annulment decree. For alimony generally, see District of Columbia alimony laws.
The name-change provision, § 16-915, is written for divorce: "Upon divorce from the bond of marriage, the court shall, on request of a party who assumed a new name on marriage and desires to discontinue using it, state in the decree of divorce either the birth-given or other previous name which such person desires to use." This page does not cover how a former name is restored after an annulment.
This page also does not cover whether D.C. protects a spouse who entered a void marriage in good faith.
What happens to children after an annulment
D.C. does not tie a child's status to the parents' marriage. Section 16-908 provides: "A child is the legitimate child of any parent under which a parent-child relationship is established pursuant to § 16-909." The custody statute, § 16-914, applies "in any proceeding between parents in which the custody of a child is raised as an issue," so it can apply when custody comes up in an annulment case. See District of Columbia child custody laws.
Annulment vs. divorce in DC
An annulment declares a marriage illegal and void on one of the grounds above. A divorce ends a valid marriage and requires six months of residency by one spouse (§ 16-902(a)). For divorce grounds and procedure, see District of Columbia divorce laws. For a copy of a marriage or divorce record, see District of Columbia marriage and divorce records.
A church annulment and a court annulment are separate processes. A religious annulment does not change a marriage's legal status.
Disclaimer: This article provides general legal information about annulment under District of Columbia law (D.C. Code §§ 16-902 to 16-920 and 46-401.01 to 46-411), verified on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in the District of Columbia or ask the court clerk about filing procedures.
Related
- Annulment laws in every state
- District of Columbia divorce laws
- District of Columbia common-law marriage
- District of Columbia child custody laws
- District of Columbia marriage and divorce records
Last updated: 2026-10-08.
Frequently Asked Questions
Can you get an annulment in DC?
Yes. D.C. Code § 16-903 authorizes a decree annulling a marriage as illegal and void on the grounds in §§ 46-401.01 and 46-403, and § 16-904(d) lists the cases in which marriage contracts may be annulled.
Do you have to live in DC to get an annulment?
Not if the marriage was performed in D.C.; § 16-902(d) says the parties' residence is not considered. For a marriage performed elsewhere, one spouse must be a bona fide D.C. resident when the action starts (§ 16-902(c)).
Is there a deadline to file for annulment in DC?
The annulment sections cited on this page (§§ 16-903, 16-904, 46-401.01, 46-403 and 46-404) do not set a filing deadline. Section 16-904(d)(2) does bar the insanity ground after voluntary cohabitation following discovery of the insanity.
Can you annul a marriage for fraud in DC?
Yes. Section 46-403(2) covers a marriage where either party's consent was procured by force or fraud, and § 16-904(d)(3) lists a marriage procured by fraud or coercion.
Is a bigamous marriage void in DC?
Yes. Section 46-401.01(3) makes a marriage absolutely void when either spouse's previous marriage had not been ended by death or divorce, and § 46-402 allows a court to declare it void by decree.
What is the minimum marriage age in DC?
Eighteen. Section 46-411 bars the clerk from issuing a license to anyone under 18, and § 46-403(4) sets the age of consent at 18 years, effective March 21, 2025.
Who divides property after an annulment in DC?
The court does. Under § 16-910(a), on a final decree of annulment the court assigns each spouse's separate property and equitably distributes marital property, unless a valid antenuptial or postnuptial agreement resolves all property issues.
When is a DC annulment final?
Under § 16-920, a decree annulling a marriage becomes effective 30 days after it is docketed unless a party applies for a stay; a joint waiver of appeal makes it final once the waiver is docketed.
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.
Code of the District of Columbia, Title 16: Particular Actions, Proceedings and Matters. - Chapter 9: Divorce, Annulment, Separation, Support, Etc.
§ 16-904Grounds for divorce, legal separation, and annulment.In forcecited in 6 of our articles
(a) A divorce from the bonds of marriage may be granted upon the assertion by one or both parties that they no longer wish to remain married. (b) A legal separation from bed and board may be granted upon at least one party's assertion that they intend to pursue a separate life without obtaining a divorce. (c) [Repealed]. (d) Marriage contracts may be annulled in the following cases: (1) where such marriage was contracted while either of the parties thereto had a former spouse living, unless the former marriage had been lawfully dissolved; (2) where such marriage was contracted during the insanity of either party (unless there has been voluntary cohabitation after the discovery of the insanity); (3) where such marriage was procured by fraud or coercion; (4) where either party was matrimonially incapacitated at the time of marriage without the knowledge of the other and has continued to be so incapacitated; or (5) where either of the parties had not attained the age of 18, but in such cases only at the suit of the party who had not attained such age.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at github.com
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- Rachal v. Rachal (District of Columbia Court of Appeals 1985, 489 A.2d 476)“…irmed in part, vacated in part, and remanded. . See D.C.Code § 16-904(a)(2) (1981). . See D.C.Code §…”
- IVANA CEROVIC v. DUSKO J. STOJKOV (District of Columbia Court of Appeals 2016, 134 A.3d 766)“…arriage is proven, it renders invalid a later marriage. See D.C. Code § 16-904 (d)(1) (2012 Repl.) (providing that a m…”
- Nehme v. Immigration & Naturalization Service (Court of Appeals for the Fifth Circuit 2001, 252 F.3d 415)“…06 (West 2000); Conn. Gen. Stat. Ann. § 46b-40 (West 2000); D.C. Code Ann. § 16-904 (1998); 750 Ill. Comp. Stat. Ann. 5/402…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington, D.C. Alimony Laws: How Spousal Support Works (2026), Common Law Marriage in the District of Columbia: Is It Recognized? (2026), District of Columbia Divorce Laws (2026): Grounds, Residency, and Process
§ 16-903Decree annulling marriage.In force
A decree annulling the marriage as illegal and void may be rendered on any of the grounds specified by sections 46-401.01 and 46-403 as invalidating a marriage.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
§ 16-902Residency requirements.In forcecited in 3 of our articles
(a) Except as provided in subsection (b) of this section, no action for divorce or legal separation shall be maintainable unless one of the parties to the marriage has been a bona fide resident of the District of Columbia for at least 6 months next preceding the commencement of the action. (1) An action for divorce or legal separation by persons of the same gender, even if neither party to the marriage is a bona fide resident of the District of Columbia at the time the action is commenced, shall be maintainable if the following apply: (A) The marriage was performed in the District of Columbia; and (B) Neither party to the marriage resides in a jurisdiction that will maintain an action for divorce or legal separation. (2) It shall be a rebuttable presumption that a jurisdiction will not maintain an action for divorce or legal separation if the jurisdiction does not recognize the marriage.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Also relied on in: Legal Separation in DC: Requirements, Residency and Divorce (2026)
§ 16-910Assignment and equitable distribution of property.In forcecited in 3 of our articles
(a) Upon entry of a final decree of legal separation, annulment, or divorce, or upon the termination of a domestic partnership pursuant to § 32-702(d) or § 16-904(e) and the filing of a petition for relief available under this section, in the absence of a valid antenuptial or postnuptial agreement resolving all issues related to the property of the parties, the court shall: (1) Assign to each party the party's sole and separate property acquired prior to the marriage or domestic partnership, and the party's sole and separate property acquired during the marriage or domestic partnership by gift, bequest, devise, or descent, and any increase thereof, or property acquired in exchange therefore; (2) Value and distribute all other property and debt accumulated during the marriage or domestic partnership that has not been addressed in a valid antenuptial or postnuptial agreement or a decree of legal separation, regardless of whether title is held individually or by the parties in a form of joint tenancy or tenancy by the entireties, in a manner that is equitable, just, and reasonable, after considering all relevant factors, including: (A) The duration of the marriage or domestic…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Also relied on in: DC Prenuptial Agreement Laws: Requirements and Enforceability (2026)
Code of the District of Columbia, Title 46: Domestic Relations. - Chapter 4: Marriage.
§ 46-401.01Marriages void ab initio — In general.In forcecited in 2 of our articles
The following marriages are prohibited in the District of Columbia and shall be absolutely void ab initio, without being so decreed, and their nullity may be shown in any collateral proceedings, namely: (1) Repealed. (2) Repealed. (2A) The marriage of a person with a person’s grandparent, grandparent’s spouse, spouse’s grandparent, parent’s sibling, parent, step-parent, spouse’s parent, child, spouse’s child, child’s spouse, sibling, child’s child, child’s child’s spouse, spouse’s child’s child, sibling’s child. (3) The marriage of any persons either of whom has been previously married and whose previous marriage has not been terminated by death or a decree of divorce.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Also relied on in: District of Columbia Marriage License Requirements 2026: $45, No Wait
§ 46-403Marriages void from date of decree; age of consent.In forcecited in 3 of our articles
The following marriages in said District shall be illegal, and shall be void from the time when their nullity shall be declared by decree, namely: (1) The marriage of a person adjudged to be, or to have been at the time a marriage was performed, unable by reason of mental incapacity to give valid consent to marriage; (2) Any marriage the consent to which of either party has been procured by force or fraud; (3) Repealed. (4) When either of the parties is under the age of consent, which is hereby declared to be 18 years of age.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Tennessee v. Lane (Supreme Court of the United States 2004, 541 U.S. 509)“…Rowe, 156 F. Supp. 2d 35 (Me. 2001). [8] E. g., D. C. Code § 46-403 (West 2001) (declaring illegal and void…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington, D.C. Emancipation Laws: How Minors Become Emancipated (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- D.C. Code § 16-903 (decree annulling marriage)(code.dccouncil.gov).gov
- D.C. Code § 16-904 (grounds for divorce, legal separation and annulment)(code.dccouncil.gov).gov
- D.C. Code § 46-401.01 (prohibited marriages, void ab initio)(code.dccouncil.gov).gov
- D.C. Code § 46-402 (void marriages may be declared void by decree)(code.dccouncil.gov).gov
- D.C. Code § 46-403 (grounds invalidating a marriage; age of consent 18)(code.dccouncil.gov).gov
- D.C. Code § 46-411 (no marriage license for persons under 18)(code.dccouncil.gov).gov
- D.C. Code § 16-902 (residency for divorce, legal separation and annulment)(code.dccouncil.gov).gov
- D.C. Code § 16-920 (effective date of decrees)(code.dccouncil.gov).gov
- D.C. Code § 16-910 (assignment and equitable distribution of property)(code.dccouncil.gov).gov
- D.C. Code § 16-911 (pendente lite alimony and support)(code.dccouncil.gov).gov
- D.C. Code § 16-913 (alimony)(code.dccouncil.gov).gov
- D.C. Code § 16-915 (resumption of former name)(code.dccouncil.gov).gov
- D.C. Code § 16-908 (legitimacy of children)(code.dccouncil.gov).gov
- D.C. Code § 16-914 (custody of children)(code.dccouncil.gov).gov