Annulment LawsNew Hampshire Laws flagNew Hampshire Laws
New Hampshire flag

New Hampshire

New Hampshire Annulment Laws: Grounds and How to File (2026)

Independently fact-checkedBy Recording Law Editorial Team11 min read

Independently fact-checked against primary sources (last audited October 8, 2026). · 16 primary sources cited on this page. How we verify our legal content

New Hampshire Annulment Laws: Grounds and How to File (2026)

Yes. New Hampshire courts can declare a marriage void or annul it under RSA chapter 458, "Annulment, Divorce and Separation." Marriages between close relatives, bigamous marriages and, since January 1, 2025, any marriage of a person under 18 are void by statute (RSA 458:1; RSA 457:4). Other annulments rest on common law, and the New Hampshire Supreme Court has said annulment for fraud "is granted only with extreme caution."

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

Jurisdiction scope: This article covers annulment and void marriages under New Hampshire law, mainly RSA 458:1 to 458:3, RSA 457:2 to 457:4 and Matter of Geraghty, 169 N.H. 404 (2016). It does not cover divorce procedure, religious annulment or other states' law. For divorce, see New Hampshire divorce laws.

How annulment works in New Hampshire

New Hampshire has two kinds of invalid marriage. Some marriages are void by statute and need no court process at all. Others can be annulled by a court under common law, chiefly for fraud.

The statutes provide a court route for both. RSA 458:2 provides: "If any doubt exists whether any marriage is void, or as to the effect of any former decree of divorce or nullity between the parties, a petition may be filed as in other cases, and a decree of divorce or nullity may be made." RSA 458:3 refers to "any proceedings for annulment for any cause whether under statute or under common law."

The "Void Marriages" subdivision of RSA chapter 458 has three sections: 458:1 (void without decree), 458:2 (petitions) and 458:3 (jurisdiction). Neither chapter 457 nor chapter 458 has a section setting out voidable grounds.

Marriages that are void in New Hampshire

GroundRuleCourt decree needed?Cite
Close blood relatives listed in RSA 457:2Absolutely void if solemnized in New HampshireNo, but a petition may be filed to resolve doubtRSA 458:1; 457:2; 458:2
A prior marriage still in effectAbsolutely void if solemnized in New Hampshire and the party knew the former spouse was alive and the earlier marriage had not been legally dissolvedNo, but a petition may be filed to resolve doubtRSA 458:1; 457:2; 458:2
A party under 18Null and void, with no exceptions since January 1, 2025Not stated in the sectionRSA 457:4

Close relatives and bigamy

RSA 458:1 provides:

"All marriages prohibited by law on account of the consanguinity or affinity of the parties, or where either has a former wife or husband living, knowing such wife or husband to be alive and knowing that their marriage had not been legally dissolved, if solemnized in this state, shall be absolutely void without any legal process."

The bigamy rule has a knowledge element: the statute voids the marriage where the party knew the former spouse was alive and knew the earlier marriage had not been legally dissolved. RSA 457:2 adds: "No person shall be allowed to be married to more than one person at any given time."

The prohibited relationships are listed in RSA 457:2: a person may not marry a parent, aunt or uncle, child, sibling, grandchild, niece or nephew, or first cousin. The statute names each relationship individually, including "father's brother's son" and "mother's sister's daughter," so first cousins on both sides are covered. RSA 458:1 also refers to affinity (relationship by marriage), but the current list in RSA 457:2 names only blood relatives.

Marriages from other states get similar treatment. Under RSA 457:3, an out-of-state marriage that would be prohibited under RSA 457:2 if contracted in New Hampshire "shall not be legally recognized in this state," with an exception for same-sex marriages.

Underage marriage: void since 2025

RSA 457:4 provides: "No person below the age of 18 years shall be capable of contracting a valid marriage, and all marriages contracted by such persons shall be null and void."

The current rule comes from 2024, 81, effective January 1, 2025. That law amended RSA 457:4, 457:5 and 457:8, so a clerk issues no marriage license to anyone under 18 and no such marriage may be solemnized, and it repealed RSA 457:5-a, 457:6, 457:7, 457:28 and 457:28-b. An earlier amendment, 2018, 272:1, effective January 1, 2019, had changed RSA 457:4 before that.

This page does not cover how the 2025 change applies to a marriage of a minor entered into before January 1, 2025. A lawyer licensed in New Hampshire can advise on that situation.

Annulment for fraud

Fraud is a common-law ground in New Hampshire, and the standard is strict. In Matter of Geraghty, 169 N.H. 404 (2016), the New Hampshire Supreme Court repeated its earlier cases:

"In New Hampshire, 'annulment of a marriage for fraud is granted only with extreme caution.' ... Fraud 'by one of the parties as to character, morality, habits, wealth, or social position is generally held insufficient' to annul a marriage."

The court, quoting Fortin v. Fortin, 106 N.H. 208 (1965), added that the fraudulent representations "must be of something essential to the marriage relation," meaning something that makes performing the duties of marriage impossible or makes the marriage "dangerous to health or life."

In Geraghty, a husband alleged his wife had concealed prostitution and illegal drug use before the marriage. The trial court found that insufficient to annul the marriage under New Hampshire law, and the Supreme Court found no reversible error. The court also held that New Hampshire law, not the law of New York where the couple married, governed the petition.

Other grounds

This page does not cover whether New Hampshire courts annul marriages on other common-law grounds or what time limits apply. Impotency appears in RSA 458:7(I), but as a ground for divorce, not annulment. A lawyer licensed in New Hampshire can advise whether particular facts support an annulment.

Where and how to file

RSA 458:3 sets the jurisdiction rule for marriages entered into in New Hampshire:

"In any proceedings for annulment for any cause whether under statute or under common law, the court shall have jurisdiction to declare an annulment of a marriage entered into in this state even though neither party has been at any time a resident herein."

This page does not state a residency rule for annulling a marriage entered into outside New Hampshire. In Geraghty, the couple married in New York and had lived in New Hampshire for about eight years when the husband filed, and the New Hampshire court heard the petition.

Geraghty reached the New Hampshire Supreme Court on appeal from the Circuit Court; some RSA sections still refer to the "superior court," which is older wording. The NH Law Library's divorce research guide, prepared by the court's law librarians, lists Geraghty and RSA 458 for annulment. Ask the court clerk which forms an annulment petition requires.

Children, alimony, property and names

Children. RSA 458:23 provides that "children born of a marriage entered into in good faith by the parties thereto shall be regarded as legitimate children and their legitimacy shall not be affected by a decree of nullity, unless it shall be so expressed in the decree." For custody, see New Hampshire child custody laws.

New Hampshire: a set of house keys and a car key resting on a wooden kitchen counter

Temporary orders. After a petition for "divorce, annulment, separation or a decree of nullity," the court may issue temporary orders, including restraining orders, temporary custody and a temporary allowance (RSA 458:16(I)).

Alimony. RSA 458:19-a(I) provides: "The court may order term alimony upon agreement of the parties or in the absence of an agreement, at the request of either party by petition or motion in a case for divorce, legal separation, or annulment." Reimbursement alimony is available in the same kinds of cases (RSA 458:19-a(V)). See New Hampshire alimony laws.

Property. New Hampshire's property-division statute, RSA 458:16-a(II), applies "When a dissolution of a marriage is decreed." This page does not cover whether a court treats an annulment as a dissolution for that section.

Names. Under RSA 458:24, when a decree of divorce or nullity is made, the court may restore a former name of the spouse, "regardless of whether a request therefor had been included in the petition."

Good-faith spouses and religious annulments

Two statutes address people who married in good faith. RSA 458:23 keeps children of a good-faith marriage legitimate after a decree of nullity. RSA 457:36 provides that a marriage is not void because of an informality or an unauthorized officiant if it was "consummated with the belief on the part of either of the parties thereto that they were lawfully married." This page does not cover whether New Hampshire protects the property rights of a spouse who believed in good faith that a void marriage was valid.

A religious annulment and a court annulment are separate processes. A church decision does not change civil marital status, and a court decree does not decide religious status.

Annulment versus divorce in New Hampshire

A divorce ends a valid marriage. New Hampshire grants divorce "irrespective of the fault of either party, on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage" (RSA 458:7-a), and on the fault grounds in RSA 458:7. A divorce does not require showing that the marriage was invalid; see New Hampshire divorce laws.

New Hampshire: two coffee mugs on a table

Disclaimer: This article provides general legal information about annulment and void marriages under New Hampshire law, mainly RSA 458:1 to 458:3 and RSA 457:4. 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 New Hampshire or the New Hampshire Judicial Branch.

Last updated: 2026-10-08.

Frequently Asked Questions

What are the grounds for annulment in New Hampshire?

RSA 458:1 makes marriages between close relatives and knowingly bigamous marriages solemnized in New Hampshire absolutely void, and RSA 457:4 voids any marriage of a person under 18. Other annulments rest on common law; fraud must concern something essential to the marriage relation (Matter of Geraghty, 169 N.H. 404 (2016)).

Can you annul a marriage in New Hampshire for lying?

Only in narrow cases. Under Matter of Geraghty, fraud as to character, morality, habits, wealth or social position is generally insufficient; the misrepresentation must go to something essential to the marriage relation.

Is a marriage under 18 valid in New Hampshire?

No. Since January 1, 2025, RSA 457:4 provides that no person under 18 can contract a valid marriage and that all such marriages are null and void.

Can cousins marry in New Hampshire?

No. RSA 457:2 lists first cousins among the prohibited relationships, and RSA 458:1 makes a prohibited marriage solemnized in New Hampshire absolutely void.

Do you have to live in New Hampshire to get an annulment there?

Not if the marriage was entered into in New Hampshire. RSA 458:3 lets the court annul such a marriage even though neither party has ever been a resident.

Can you get alimony after an annulment in New Hampshire?

RSA 458:19-a allows term and reimbursement alimony in a case for divorce, legal separation or annulment.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. RSA 458:1, Void marriages without decree(gc.nh.gov).gov
  2. RSA 457:4, Age of capacity to marry(gc.nh.gov).gov
  3. RSA 458:2, Petitions when validity of marriage is in doubt(gc.nh.gov).gov
  4. RSA 458:3, Jurisdiction in annulment proceedings(gc.nh.gov).gov
  5. RSA chapter 458 table of contents (Annulment, Divorce and Separation)(gc.nh.gov).gov
  6. RSA 457:2, Marriages prohibited(gc.nh.gov).gov
  7. RSA 457:3, Recognition of out-of-state marriages(gc.nh.gov).gov
  8. RSA chapter 457 table of contents (repeal notes, 2024, 81)(gc.nh.gov).gov
  9. Matter of Geraghty, 169 N.H. 404 (2016) (Caselaw Access Project reporter text)(static.case.law)
  10. Fortin v. Fortin, 106 N.H. 208 (1965) (Caselaw Access Project reporter text)(static.case.law)
  11. NH Law Library, NH Law About ... Divorce: Read The Law About ... (research guide)(courts-state-nh-us.libguides.com).gov
  12. RSA 458:23, Legitimacy of children(gc.nh.gov).gov
  13. RSA 458:16, Temporary orders(gc.nh.gov).gov
  14. RSA 458:19-a, Term and reimbursement alimony(gc.nh.gov).gov
  15. RSA 458:16-a, Property settlement(gc.nh.gov).gov
  16. RSA 458:24, Restoration of former name(gc.nh.gov).gov
  17. RSA 457:36, Marriage not void for informality(gc.nh.gov).gov
  18. RSA 458:7-a, Irreconcilable differences(gc.nh.gov).gov
Share: