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

Yes. Pennsylvania's Divorce Code lets either party to a void or voidable marriage bring an "action in annulment" to have it declared void (23 Pa.C.S. 3303(a)). Section 3304 lists the void grounds and section 3305 the voidable ones, and two of the voidable grounds must be raised within 60 days after the wedding ceremony.

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

Jurisdiction scope: This article covers civil annulment under Pennsylvania's Divorce Code, 23 Pa.C.S. Part IV (sections 3103, 3104, 3303 to 3306, 3323, 3502, 3701 and 3702), with the marriage-license rules in sections 1103 and 1304, the marriage provisions in sections 1702 and 1703, and section 5102(a) on children. It does not cover divorce grounds or procedure in depth, religious annulment, how support amounts are calculated, or other states' law. For divorce, see Pennsylvania divorce laws.

What Pennsylvania calls an annulment

Pennsylvania handles annulment inside its Divorce Code. Section 3303(a) is the provision that creates the action:

"In all cases where a supposed or alleged marriage has been contracted which is void or voidable under this title or under applicable law, either party to the supposed or alleged marriage may bring an action in annulment to have it declared void in accordance with the procedures provided by this part and prescribed by general rules."

The same chapter also has section 3306, headed "Proceedings to determine marital status," which provides a declaratory judgment route for questions about whether a marriage is valid.

The law sorts defective marriages into two groups. A void marriage has a defect listed in section 3304. A voidable marriage has a defect listed in section 3305, and it stays valid unless and until a court annuls it. Which group a marriage falls into decides who can challenge it, how long they have, and what can cut the claim off.

Void marriages in Pennsylvania (23 Pa.C.S. 3304)

Section 3304(a) applies "where there has been no confirmation by cohabitation following the removal of an impediment." Subject to that, it lists four void grounds.

The void rule applies only where there has been no confirmation by cohabitation after the impediment was removed. Under 23 Pa.C.S. 1702(a), a later marriage entered in good faith while a former marriage was still in force is held to be a legal marriage from the date the former marriage ended by death, annulment or divorce, if the parties continue to live together as husband and wife in good faith on the part of one of them.

Under section 3303(a), either party may bring the annulment action. Section 3304(b) also allows a void marriage to be declared invalid in a collateral proceeding, meaning in another case where the validity of the marriage comes up.

The prohibited relationships

The list of relatives sits in the marriage-license chapter, not the annulment chapter. Section 1304(e) says no marriage license may be issued to applicants within the prohibited degrees. A man may not marry his mother, his father's sister, his mother's sister, his sister, his daughter, the daughter of his son or daughter, or his first cousin. A woman may not marry her father, her father's brother, her mother's brother, her brother, her son, the son of her son or daughter, or her first cousin.

A separate section in the marriage chapters, 23 Pa.C.S. 1703, describes marriages within the prohibited degrees of consanguinity as voidable and provides that, when such a marriage was not dissolved during the lifetime of the parties, "the unlawfulness of the marriage shall not be inquired into after the death of either of the parties to the marriage." The statute text does not reconcile section 1703 with section 3304(a)(2), which lists the same relationships as a void ground.

Common-law marriage and minors

Section 1103 provides that "No common-law marriage contracted after January 1, 2005, shall be valid." The under-18 ground in section 3304(a)(4) addresses purported common-law marriages, and section 3303(b) lets a parent or guardian of the minor bring a declaratory judgment proceeding during the party's minority. For how Pennsylvania treats common-law marriages formed before 2005, see Pennsylvania common-law marriage.

Voidable marriages in Pennsylvania (23 Pa.C.S. 3305)

Section 3305(a) lists five voidable grounds. Either party may bring the action (23 Pa.C.S. 3303(a)). Each row below carries the statute's own time limit or bar.

The fraud ground reads in full:

"(5) Where one party was induced to enter into the marriage due to fraud, duress, coercion or force attributable to the other party and there has been no subsequent voluntary cohabitation after knowledge of the fraud or release from the effects of fraud, duress, coercion or force."

A voidable marriage is valid until a decree

Section 3305(b) explains what "voidable" means in practice:

"until a decree of annulment is obtained from a court of competent jurisdiction, the marriage shall be valid. The validity of a voidable marriage shall not be subject to attack or question by any person if it is subsequently confirmed by the parties to the marriage or if either party has died."

So a spouse who stays in a voidable marriage after the defect is known, or who waits past a 60-day limit, may lose the annulment route. Divorce remains available on the divorce grounds in section 3301.

Underage marriage after Act 18 of 2020

Pennsylvania changed its marriage-license age rule in 2020. Act 18 of 2020 (P.L.121, No.18, approved May 8, 2020, effective in 60 days) amended section 1304(b), which now reads:

"(1) No marriage license may be issued if either of the applicants for a license is under 18 years of age."

The former subsection (b)(2), which covered minors marrying with consent, is marked "(Deleted by amendment)." The annulment text was not changed in the same way. Section 3305(a)(1) still lists a party "under 16 years of age unless the marriage was expressly authorized by the court," and section 3305(a)(2) still lists a party who "was 16 or 17 years of age and lacked the consent of parent or guardian or express authorization of the court." The statute text read for this article does not say how those voidable grounds apply now that a license cannot issue to anyone under 18. A lawyer licensed in Pennsylvania can address how they apply to a particular marriage.

How to file for an annulment in Pennsylvania

Residency. Section 3104(b) applies the same residency rule to annulment as to divorce:

"No spouse is entitled to commence an action for divorce or annulment under this part unless at least one of the parties has been a bona fide resident in this Commonwealth for at least six months immediately previous to the commencement of the action."

Marriages from other states. Under section 3104(c), "The court also has the power to annul void or voidable marriages celebrated outside this Commonwealth at a time when neither party was domiciled within this Commonwealth."

Court and rules. Section 3104(a) gives "the courts" original jurisdiction "for the annulment of void or voidable marriages." The procedure is in the Pennsylvania Rules of Civil Procedure, Chapter 1920, titled "Actions of Divorce or for Annulment of Marriage," which is published with its rules and forms on the official Pennsylvania Code site.

Self-help. This page does not cite an annulment self-help page on the Pennsylvania courts' website (pacourts.us). The county court where you would file, or a lawyer licensed in Pennsylvania, can explain local filing practice. Certified copies of a marriage or divorce record are covered in Pennsylvania marriage and divorce records.

Property, support and children after an annulment

Court's power. Section 3104(a) says the court "shall determine, in conjunction with any decree granting a divorce or annulment," the matters raised in the pleadings. Those include property, custody, child support, spousal support, alimony pendente lite and counsel fees.

Marital property. Section 3502(a) applies equitable distribution to annulment cases: "Upon the request of either party in an action for divorce or annulment, the court shall equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct."

The decree. Section 3323(b) provides that "A decree granting a divorce or an annulment shall include, after a full hearing, where these matters are raised in any pleadings, an order determining and disposing of existing property rights and interests between the parties, custody, partial custody and visitation rights, child support, alimony, reasonable attorney fees, costs and expenses."

Alimony: two provisions worded differently. Section 3323(b), quoted above, lists alimony among the matters a divorce or annulment decree may include, and the Divorce Code defines "alimony" in section 3103 as an order for support "in conjunction with a decree granting a divorce or annulment." The general alimony section, 3701(a), is worded differently:

"(a) General rule.--Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary."

The statute text does not itself reconcile these provisions, and this article does not rely on a court decision about them. Separately, section 3702(a) provides: "In proper cases, upon petition, the court may allow a spouse reasonable alimony pendente lite, spousal support and reasonable counsel fees and expenses." For how alimony works, see Pennsylvania alimony laws.

Children. Section 3104(a)(2) covers "The future care, custody and visitation rights as to children of the marriage or purported marriage," so custody can be decided with an annulment. Under 23 Pa.C.S. 5102(a), "All children shall be legitimate irrespective of the marital status of their parents." This page does not cover any Pennsylvania rule on putative-spouse protection or on restoring a prior name after annulment.

Annulment vs. divorce in Pennsylvania

An annulment declares that a void or voidable marriage is void (23 Pa.C.S. 3303(a)). The Divorce Code defines divorce as "Divorce from the bonds of matrimony" (23 Pa.C.S. 3103), which ends a valid marriage on the grounds in section 3301. The residency rule is the same for both (23 Pa.C.S. 3104(b)). For divorce grounds and procedure, see Pennsylvania divorce laws.

A church or religious annulment and a court annulment are separate processes; one does not take the place of the other.

Disclaimer: This article provides general legal information about annulment under Pennsylvania's Divorce Code, 23 Pa.C.S. Part IV, and the marriage provisions in 23 Pa.C.S. Chapters 11, 13, 17 and 51. 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 Pennsylvania.

Related

• Annulment laws in every state
• Pennsylvania divorce laws
• Pennsylvania common-law marriage
• Pennsylvania alimony laws
• Pennsylvania marriage and divorce records

Last updated: 2026-10-08.

Frequently Asked Questions

Can you get an annulment in Pennsylvania?

Yes. Under 23 Pa.C.S. 3303(a), either party to a marriage that is void under section 3304 or voidable under section 3305 may bring an action in annulment to have it declared void.

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

For a marriage entered under the influence of alcohol or drugs, or by a 16- or 17-year-old without consent or court authorization, the action must be commenced within 60 days after the ceremony (23 Pa.C.S. 3305(a)(2), (3)). The other voidable grounds in section 3305(a) state no time limit, but confirmation of the marriage or the death of either party ends the challenge (3305(b)).

Is fraud grounds for annulment in Pennsylvania?

Yes. A marriage is voidable under 23 Pa.C.S. 3305(a)(5) when one party was induced to marry by fraud, duress, coercion or force attributable to the other party, unless there was voluntary cohabitation after learning of the fraud or release from its effects.

Do you have to live in Pennsylvania to get an annulment?

At least one party must have been a bona fide Pennsylvania resident for at least six months immediately before filing (23 Pa.C.S. 3104(b)). Section 3104(c) lets the court annul marriages celebrated outside Pennsylvania.

Is a bigamous marriage void in Pennsylvania?

Yes. Under 23 Pa.C.S. 3304(a)(1), a marriage is void where either party had an existing spouse whose marriage had not been annulled or ended by divorce, unless that party had a decree of presumed death of the former spouse. The void rule in section 3304(a) applies only where there has been no confirmation by cohabitation after the impediment was removed, and under 23 Pa.C.S. 1702(a) a later marriage entered in good faith is held valid from the date the earlier marriage ended if the parties continue to live together in good faith.

Can property be divided in a Pennsylvania annulment?

Yes. On either party's request in an annulment action, the court equitably divides marital property without regard to marital misconduct (23 Pa.C.S. 3502(a)).

Can a minor get married in Pennsylvania?

No marriage license may be issued if either applicant is under 18 (23 Pa.C.S. 1304(b)(1), as amended by Act 18 of 2020). The annulment section, 3305(a)(1) and (2), still refers to parties under 16 and aged 16 or 17.