Maine Annulment Laws: Grounds, Deadlines and How to File (2026)

Maine allows annulment, but only on narrow grounds. Under 19-A M.R.S. § 752, either spouse may file a complaint for annulment in District Court "when the validity of a marriage is doubted," and the court orders the marriage annulled or affirmed according to the evidence. The grounds come from § 751, which treats a marriage prohibited by § 701 and solemnized in Maine as void, such as a marriage to someone who already has a living, undivorced spouse or a marriage between close relatives.

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

Jurisdiction scope: This article covers annulment under Maine law: 19-A M.R.S. §§ 751-753 (void marriages and annulment), the marriage prohibitions in § 701, and the age rule in § 652(8) as amended by P.L. 2025, c. 47. It does not cover religious annulments, other states' law, divorce grounds or the detailed rules for dividing property and setting support. For ending a valid marriage, see Maine divorce laws.

Can you get an annulment in Maine?

Yes, if the marriage falls within one of the grounds Maine law recognizes. Section 752 opens the courthouse door:

"When the validity of a marriage is doubted, either party may file a complaint for annulment. The court shall order the marriage annulled or affirmed according to the evidence."

The statute does not give a list of grounds of its own. The grounds come from the void-marriage rules in § 751 and § 701, covered in the next section. The Maine Judicial Branch's self-help page puts it plainly: annulment is available "only for certain limited reasons including, for example, because you were or your spouse was married to someone else at the time you got married, or you are too closely related to your spouse."

Maine's statutes on this topic sit in Title 19-A, chapter 23, subchapter 3, titled "Void Marriages and Annulment." That subchapter contains three sections, §§ 751, 752 and 753. None of them lists fraud, duress, impotence or lack of mental capacity as a ground.

Grounds for annulment in Maine: void marriages

Section 751(1) states that "a marriage prohibited in section 701, if solemnized in this State," is "void and dissolved without legal process." When the validity of such a marriage is in doubt, either party may ask the District Court under § 752 to rule on it. The table lists the § 701 prohibitions the grounds rest on.

Section 701(4) reads: "A marriage contracted while either party has a living spouse from whom the party is not divorced is void." Section 701(6) uses the same word, "void," for the paperwork and dishonesty grounds about earlier marriages.

The statutes in the table do not set a filing deadline. That does not mean timing never matters. This page does not cover whether an annulment can be sought after a spouse dies, or how equitable defenses might apply. Ask a lawyer licensed in Maine how timing affects a specific case.

First cousins

Section 701(2)(A) lists first cousins among the prohibited relatives, but § 701(2)(B) makes an exception: first cousins may marry as long as, under §§ 651 and 652, they provide a physician's certificate of genetic counseling.

Marriages of a person under guardianship

Section 701(3) provides that a person for whom a guardian or limited guardian has been appointed under Title 18-C, § 5-301 "may not contract marriage without the approval of the appointed guardian." For a limited guardianship, the rule applies only if the court gave the guardian the specific power to contract for marriage.

Section 701(3) does not itself say that such a marriage is void. Section 751(1) voids marriages "prohibited in section 701" that were solemnized in Maine. Ask a Maine lawyer how a court would treat a marriage entered without the guardian's approval.

Marriages entered outside Maine

Section 701(1) and (1-A) address marriages performed elsewhere. If Maine residents marry in another state to evade § 701 and return to live in Maine, "that marriage is void in this State." Separately, a marriage performed in another state that would violate subsections 2 to 4 of § 701 if performed in Maine "is not recognized in this State and is considered void if the parties take up residence in this State."

Underage marriage in Maine after the 2025 law

Maine's minimum marriage age is 18. P.L. 2025, c. 47 (L.D. 1185, "An Act to Prohibit Persons Under 18 Years of Age from Marrying") repealed § 652(7), the provision for 17-year-olds, and changed the age in § 652(8) from 17 to 18. The bill became law without the governor's signature on May 5, 2025.

As amended, § 652(8) reads: "The clerk or State Registrar of Vital Statistics may not issue a marriage license to a person under 18 years of age."

That rule controls who can get a license. It does not say whether a marriage that involved someone under 18 is void or voidable. The statute that speaks to enforcement after a wedding is § 753:

"If, after a marriage has been solemnized, the State Registrar of Vital Statistics determines that the parties are not eligible to be married because the age or other requirements provided in this chapter are not satisfied, the state registrar may file an action in District Court to void the marriage."

Anyone in a marriage that involved a party under 18 should ask a Maine lawyer how §§ 751-753 apply to their facts.

How to file for an annulment in Maine

An annulment is filed in the District Court. Under § 752, either party may file the complaint, and the court orders the marriage annulled or affirmed according to the evidence. Section 752(1) adds a notice protection: the order does not affect the defendant's rights unless the defendant was actually notified of the case or filed an answer.

Sections 751-753 do not state a residency period for annulment. Maine's residency rule in § 901(1) is written for divorce. This page does not cover whether a court applies that rule to annulment; ask the District Court clerk or a Maine lawyer.

The Maine Judicial Branch's self-help page, "Ways to Legally Separate from Your Spouse: Divorce, Annulment, and Judicial Separation," explains the three options and is the starting point for court forms.

What happens to children, names and property after an annulment

A Maine annulment order can address more than the marriage itself. Section 752 authorizes the court to act on several related issues:

• Children. The court may award parental rights and responsibilities under chapter 55 (§ 752(2)).
• Names. On request, the court "shall change the name of that spouse to a former name requested," or "may change the name of that spouse to any other name requested" (§ 752(3)).
• Support. The court's self-help page says an annulment order can decide parental rights, change names and order child support. Section 752(4), which governs early final judgment during an appeal, mentions child and spousal support awards only to say such a motion does not stay them.

Property is handled differently. Section 752 does not contain a property-division clause, and Maine's property-division statute, § 953(1), names proceedings for divorce, for legal separation, and for disposing of property after a dissolution by a court that lacked personal jurisdiction; it does not name annulment. This page does not cover how property is sorted out after a Maine annulment. A Maine family lawyer can explain the options.

The statutes cited here do not address the parentage of children born during a marriage that is later annulled, beyond the court's power over parental rights in § 752(2). For child support amounts, see Maine child support laws.

Good-faith spouses in a bigamous marriage

Section 752(5) covers a spouse who married in good faith without knowing of a prior marriage. When a marriage is annulled because of a prior marriage, and the capable party married in good faith believing the prior spouse was dead, the former marriage void, or a divorce decreed, "that fact must be stated in the decree of nullity."

That is a notation in the decree. Section 752(5) does not itself award property or support to the good-faith spouse, and this page does not cover whether Maine courts recognize other protections for a spouse who married in good faith.

Annulment vs. divorce in Maine

An annulment asks the court to declare that a marriage was void. A divorce ends a valid marriage on one of the grounds in § 902(1), which include irreconcilable marital differences. Most couples whose marriage was valid when it began will look to divorce rather than annulment; see Maine divorce laws.

Couples who are unsure whether they were ever validly married, for example after a ceremony that did not follow the licensing rules, may also want to read about Maine common-law marriage. To get a copy of a marriage or divorce record, see Maine marriage and divorce records.

Religious annulment

A church or religious annulment and a court annulment are separate processes. A religious annulment does not change a marriage's legal status, and a court annulment does not decide religious questions.

Disclaimer: This article provides general legal information about annulment under Maine law (19-A M.R.S. §§ 701, 751, 752, 753 and 652(8), as amended by P.L. 2025, c. 47), verified on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Maine or contact the Maine Judicial Branch's family court self-help resources.

Related

• Annulment laws in every state
• Maine divorce laws
• Maine common-law marriage
• Maine marriage and divorce records
• Maine child support laws

Last updated: 2026-10-08.

Frequently Asked Questions

Can you get an annulment in Maine?

Yes, on limited grounds. Under 19-A M.R.S. § 752, either party may file a complaint for annulment in District Court when the validity of a marriage is doubted, and the court orders the marriage annulled or affirmed according to the evidence.

What are the grounds for annulment in Maine?

The grounds come from § 751, which voids marriages prohibited by § 701 and solemnized in Maine. They include a party having a living spouse they were not divorced from, close kinship, and failing to submit proof that the last marriage ended or lying about the number of previous marriages (§ 701(2), (4), (6)).

Can I annul my Maine marriage for fraud?

Maine's annulment sections, 19-A M.R.S. §§ 751-753, do not list fraud as a ground. A spouse whose marriage was valid when it began generally looks to divorce under § 902; a Maine lawyer can review the specific facts.

How long do you have to get an annulment in Maine?

The annulment sections, §§ 751-753, do not set a filing deadline. That is not the same as having no limit at all, so ask a Maine lawyer how timing or a spouse's death affects a case.

Can first cousins marry in Maine?

Yes, with a condition. Under 19-A M.R.S. § 701(2)(B), first cousins may marry if they provide a physician's certificate of genetic counseling under §§ 651 and 652.

What is the minimum age to get married in Maine?

Eighteen. P.L. 2025, c. 47 repealed the exception for 17-year-olds, and § 652(8) now bars the clerk or State Registrar from issuing a marriage license to anyone under 18.

Does a Maine annulment decide custody and child support?

It can. Section 752(2) lets the court award parental rights and responsibilities under chapter 55, and the Maine Judicial Branch says an annulment order can order child support.

Can I change my name back after an annulment in Maine?

Yes. Under § 752(3), on request the court shall change a spouse's name to a former name, or may change it to any other name requested.