Indiana Annulment Laws: Void vs Voidable Marriages and Filing (2026)

Indiana separates marriages that are void from marriages that are voidable. Some void marriages need no court case at all (IC 31-11-8-1), while a voidable marriage is ended by an action to annul under IC 31-11-10, for incapacity because of age or mental incompetency or for fraud (IC 31-11-9-2 and 31-11-9-3).

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

Jurisdiction scope: This article covers void and voidable marriages and annulment under the Indiana Code, mainly IC 31-11-8, 31-11-9, 31-11-10 and 31-13-1, with the marriage-age rules in IC 31-11-1. It does not cover Indiana case law on annulment, property division or support after an annulment, religious annulment, or other states' law. For ending a valid marriage, see Indiana divorce laws.

How annulment works in Indiana

Indiana law sorts invalid marriages into two groups.

• Void marriages (IC 31-11-8) are invalid from the start. For three of them, IC 31-11-8-1 provides: "A marriage that is solemnized in Indiana and is void under section 2, 3, or 5 of this chapter is void without any legal proceedings."
• Voidable marriages (IC 31-11-9) stand until a court annuls them. IC 31-11-9-1 provides that "Actions to annul voidable marriages under this chapter are governed by IC 31-11-10."

Whether to ask a court to declare a particular marriage void, even where IC 31-11-8-1 says no proceeding is needed, is a question for an Indiana family lawyer.

Void marriages in Indiana

First cousins. IC 31-11-8-3 provides that a marriage is not void if "(1) the marriage was solemnized after September 1, 1977; (2) the parties to the marriage are first cousins; and (3) both of the parties were at least sixty-five (65) years of age when the marriage was solemnized." All three conditions must be met.

Evasion marriages. IC 31-11-8-6 applies when the parties "(1) are residents of Indiana; (2) had their marriage solemnized in another state with the intent to: (A) evade IC 31-11-1-4, IC 31-11-4-4, or IC 31-11-4-11" and "(B) subsequently return to Indiana and reside in Indiana; and (3) without having established residence in another state in good faith, return to Indiana and reside in Indiana after the marriage is solemnized."

For whether a relationship counts as a valid marriage without a ceremony, see Indiana common-law marriage.

Voidable marriages and who can sue

Age or mental incompetency. IC 31-11-9-2 provides: "A marriage is voidable if a party to the marriage was incapable because of age or mental incompetency of contracting the marriage." Under IC 31-11-10-1, "The incapable party described in subsection (a) may file an action to annul the marriage in a court that has jurisdiction over the action under section 3 of this chapter."

Fraud. In a fraud case, IC 31-11-10-2 provides: "It is a defense in an action brought under this section that, after the discovery of the alleged fraud, the alleged victim continued to cohabit with the other party to the marriage."

Time limits. The annulment sections cited on this page do not set a filing deadline for either voidable ground. That is not the same as saying no deadline applies. Ask an Indiana lawyer whether any limit or defense affects a particular case.

Mental incompetency: two statutes, two labels

Indiana's code addresses mental incompetency in both chapters:

• IC 31-11-8-4: "A marriage is void if either party to the marriage was mentally incompetent when the marriage was solemnized."
• IC 31-11-9-2: "A marriage is voidable if a party to the marriage was incapable because of age or mental incompetency of contracting the marriage."

IC 31-11-8-1, the "void without any legal proceedings" rule, names sections 2, 3 and 5 of chapter 31-11-8, not section 4. This page does not resolve how these provisions fit together. Anyone dealing with a marriage where a spouse may have lacked mental capacity should get advice from an Indiana family lawyer.

Underage marriage in Indiana

IC 31-11-1-4 sets the general rule: "two (2) individuals may not marry each other unless both individuals are at least eighteen (18) years of age."

IC 31-11-1-5 creates a narrow exception for 16 and 17 year olds. It requires that "(1) both individuals are at least sixteen (16) years of age; (2) one (1) of the individuals is not more than four (4) years older than the other individual if the other individual is sixteen (16) or seventeen (17) years of age." The minor also needs a juvenile court order approving the marriage and granting complete emancipation, and the application to the clerk may be made no earlier than 15 days after that order. IC 31-11-1-7 sets the petition and hearing process, including a guardian ad litem and an in camera interview.

Being underage at the time of marriage is a voidable ground under IC 31-11-9-2 ("incapable because of age"). The one age-related void ground in chapter 31-11-8 is IC 31-11-8-6, which covers Indiana residents who marry in another state to evade the minimum-age rule in IC 31-11-1-4 and then return to live in Indiana without having established residence in another state in good faith.

How to file for an annulment in Indiana

Court. IC 31-11-10-3 provides: "A circuit or superior court has jurisdiction over actions to annul voidable marriages under this chapter."

Procedure. Under IC 31-11-10-4, "An action to annul a voidable marriage under this chapter must be conducted in accordance with IC 31-15," the article that governs dissolution of marriage. This page does not cover whether Indiana's divorce residency rule applies to an annulment; ask an Indiana family lawyer.

Forms and help. The Indiana Judicial Branch Self-Service Legal Center points to Indiana Legal Help, the statewide forms portal. This page does not cover annulment-specific forms; check the portal or ask the clerk of the county court.

Children after an annulment or void marriage

Indiana's parentage statutes in IC 31-13-1 protect children of invalid marriages in three situations:

• Annulled marriages. "A child of a marriage that is annulled under IC 31-11-10" is "considered to be a child of a valid marriage if the child is conceived before the marriage is annulled" (IC 31-13-1-3).
• Marriages void for close kinship. "If a marriage is void because the parties to the marriage are more closely related than second cousins, the children of the marriage shall be treated as if the children are children of a marriage that is not void" (IC 31-13-1-1).
• Marriages void because of a living spouse. IC 31-13-1-2 provides that the children "shall be treated as if the children are children of a marriage that is not void if the children were conceived before the discovery that a party to the marriage had a living husband or wife," in the circumstances that section describes.

For custody and support, see Indiana child custody laws.

Property and support after an annulment

This page does not cover how Indiana courts handle property, debts or spousal support when a marriage is annulled or found void. Because IC 31-11-10-4 ties annulment procedure to IC 31-15, an Indiana family lawyer can explain which parts of that article apply in a given case.

Annulment versus divorce in Indiana

An annulment treats the marriage as invalid because of a problem the law recognizes, such as a living spouse or fraud. A divorce, called dissolution of marriage in Indiana, ends a valid marriage; grounds and residency are on the Indiana divorce laws page. Marriage and divorce certificates are covered on Indiana marriage and divorce records.

Religious annulment

A religious annulment and a court annulment are separate processes. A religious decision does not by itself change a person's civil marital status, and a court order does not decide religious status.

Disclaimer: This article provides general legal information about void and voidable marriages and annulment under Indiana law, mainly IC 31-11-8, 31-11-9, 31-11-10 and 31-13-1. 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 Indiana or the Indiana Judicial Branch Self-Service Legal Center.

Related

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

Last updated: 2026-10-08.

Frequently Asked Questions

What are the grounds for annulment in Indiana?

A marriage is voidable, and can be annulled under IC 31-11-10, if a party was incapable because of age or mental incompetency of contracting it (IC 31-11-9-2) or if fraud by one party brought it about (IC 31-11-9-3). Void marriages are listed separately in IC 31-11-8.

Do I need a court case to end a void marriage in Indiana?

IC 31-11-8-1 provides that a marriage solemnized in Indiana that is void because of a living spouse, close kinship or a post-1958 common law marriage is void without any legal proceedings. Other void grounds are not covered by that rule.

Can I annul an Indiana marriage for fraud?

Yes, the alleged victim may sue under IC 31-11-9-3 and IC 31-11-10-2. It is a defense that the victim continued to live with the other spouse after discovering the fraud.

Can first cousins marry in Indiana?

Under IC 31-11-8-3, a first-cousin marriage is not void if it was solemnized after September 1, 1977 and both parties were at least 65 when it was solemnized. Otherwise marriages closer than second cousins are void.

Which court handles annulments in Indiana?

A circuit or superior court (IC 31-11-10-3). The action is conducted in accordance with IC 31-15, Indiana's dissolution of marriage article (IC 31-11-10-4).

What is the minimum marriage age in Indiana?

IC 31-11-1-4 sets 18. IC 31-11-1-5 allows 16 and 17 year olds to marry only with a juvenile court order approving the marriage and granting emancipation, and only if the other person is not more than four years older.

Are children of an annulled Indiana marriage legitimate?

Under IC 31-13-1-3, a child of a marriage annulled under IC 31-11-10 is considered a child of a valid marriage if conceived before the annulment.