Rhode Island Annulment Laws: Void Marriages and How to File (2026)

Rhode Island's statutes do not use the word "annulment" for this case. Instead, R.I. Gen. Laws 15-5-1 provides that a "divorce from the bond of marriage" is decreed for "any marriage originally void or voidable by law," and the Family Court hears these petitions. The void grounds are close kinship (15-1-2 and 15-1-3), an existing marriage or civil union, and mental incompetence (15-1-5).

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

Jurisdiction scope: This article covers how Rhode Island General Laws treat void and voidable marriages, mainly 15-5-1, 15-1-2, 15-1-3, 15-1-4, 15-1-5, 15-1-6, 15-2-14 and the Family Court jurisdiction statute 8-10-3. It does not cover Rhode Island case law or Family Court rules on annulment, voidable-marriage grounds such as fraud or duress, putative-spouse claims, religious annulment, or other states' law. For ending a valid marriage, see Rhode Island divorce laws.

Can you get an annulment in Rhode Island?

Rhode Island reaches void and voidable marriages through a differently named decree. The section lists for chapters 15-1, 15-2 and 15-5 of the General Laws contain no section titled annulment. The statute that addresses defective marriages is 15-5-1, which provides: "Divorces from the bond of marriage shall be decreed in case of any marriage originally void or voidable by law."

The Family Court has jurisdiction "to hear and determine all petitions for divorce from the bond of marriage and from bed and board" (8-10-3(a)). This page does not cover whether Rhode Island case law or court rules recognize a petition labelled "annulment." Ask the Family Court clerk or a Rhode Island lawyer how to caption a case about a void or voidable marriage.

Void marriages in Rhode Island

Close relatives. Section 15-1-2 lists the relatives a person may not marry: a sibling, parent, grandparent, child, grandchild, stepparent, a grandparent's spouse, a spouse's child or grandchild, a sibling's child, or a parent's sibling. Under 15-1-3, "If any person intermarries within the degrees stated in 15-1-2, the marriage shall be null and void." First cousins are not on the 15-1-2 list.

Section 15-1-4 provides that 15-1-2 and 15-1-3 do not apply to a marriage solemnized among Jewish people within the degrees of kinship allowed by their religion.

An existing marriage or civil union. Section 15-1-5 prohibits marrying while a party to another marriage, or to a relationship that provides substantially the same rights as marriage, that has not been finally dissolved, unless the new marriage is between the same two people.

Mental incompetence. Section 15-1-5 also provides: "Any marriage entered in violation of this prohibition and any marriage where either of the parties is mentally incompetent at the time of the marriage, shall be absolutely void."

Rhode Island void-marriage grounds at a glance

These sections do not state a filing deadline, who may file, or what bars a claim. That does not mean no such rule exists; ask a Rhode Island lawyer about a specific case.

Voidable marriages in Rhode Island

Section 15-5-1 covers marriages "voidable by law," but the statutes cited on this page do not list voidable grounds. They also do not say who may bring a voidable-marriage claim or how long a spouse has to file. Whether a particular defect makes a marriage voidable in Rhode Island is a question for a Rhode Island lawyer.

Declaring a marriage valid

Rhode Island also has a route in the opposite direction. Under 15-1-6, a marriage deemed void only because a former spouse, divorced by final decree, was living at the time "may be declared valid and binding upon the parties by decree of the family court, if the marriage was in all other respects lawful."

The court acts in its discretion, on petition of either party or any child of the marriage, and the decree may declare the children legitimate.

Underage marriage in Rhode Island

Section 15-2-14 provides: "A marriage license shall only be granted to a person of full age. Attaining the age of eighteen (18) years shall be deemed full legal age pursuant to 15-12-1." The rule was added by P.L. 2021, chapters 39 and 40, effective June 7, 2021.

Section 15-2-14 is a rule about issuing licenses. It does not itself say whether a marriage involving a person under 18 is void or voidable.

How to file in Rhode Island Family Court

Court. The Family Court hears petitions for divorce from the bond of marriage (8-10-3(a)), which is the form of decree 15-5-1 uses for void and voidable marriages.

Residency. For a divorce from the bond of marriage, 15-5-12(a) provides: "No complaint for divorce from the bond of marriage shall be granted unless the plaintiff has been a domiciled inhabitant of this state and has resided in this state for a period of one year next before the filing of the complaint." The requirement is treated as met if the defendant has lived in Rhode Island that long and is actually served. Section 15-5-1 does not say whether the one-year rule applies to a void or voidable marriage, so confirm it with the court or a lawyer.

Forms. The Family Court publishes a Complaint for Divorce or Divorce From Bed and Board, form FC-56 (revised July 2023). The form states that the parties were "lawfully married" and does not mention void or voidable marriages, so ask the Family Court clerk which pleading to use for a case under 15-5-1. This page does not identify a separate annulment form.

Property, alimony and name change

The alimony statute, 15-5-16(a), applies "In granting any petition for divorce, divorce from bed and board, or relief without the commencement of divorce proceedings." Section 15-5-17 lets a person "to whom a divorce from the bond of marriage is decreed" ask that the decree authorize a name change.

Because 15-5-1 decrees are framed as divorces from the bond of marriage, these sections may be relevant, but the statutes do not say so expressly for void or voidable marriages. This page does not cover how the Family Court applies alimony, property division or name change in those cases, or how parentage is treated outside 15-1-6.

Annulment vs. divorce in Rhode Island

In Rhode Island, both a defective marriage and a valid marriage end in a decree of divorce from the bond of marriage. The difference is the basis: 15-5-1 rests on a marriage "originally void or voidable by law," while an ordinary divorce rests on the divorce grounds, such as irreconcilable differences. For divorce grounds and procedure, see Rhode Island divorce laws.

A church annulment and a court decree are separate processes. To check whether a marriage was legally formed at all, see Rhode Island common-law marriage.

Disclaimer: This article provides general legal information about void and voidable marriages under Rhode Island General Laws Titles 8 and 15. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about a specific marriage, consult a lawyer licensed in Rhode Island or the Rhode Island Family Court clerk's office.

Related

• Annulment laws in every state
• Rhode Island divorce laws
• Rhode Island common-law marriage
• Rhode Island marriage and divorce records

Last updated: 2026-10-08.

Frequently Asked Questions

Does Rhode Island have annulments?

Rhode Island's statutes handle the same situation under R.I. Gen. Laws 15-5-1, which provides that a divorce from the bond of marriage is decreed for any marriage originally void or voidable by law.

What makes a marriage void in Rhode Island?

Marriage between the close relatives listed in 15-1-2 is null and void (15-1-3), except a marriage solemnized among Jewish people within the degrees their religion allows (15-1-4). Under 15-1-5, a marriage is absolutely void if a party was already married or in an equivalent relationship with someone else, or was mentally incompetent at the time.

Can first cousins marry in Rhode Island?

First cousins are not among the relatives listed in R.I. Gen. Laws 15-1-2, the list that 15-1-3 makes null and void.

How long do you have to live in Rhode Island to end a marriage?

For a divorce from the bond of marriage, 15-5-12(a) requires one year of residence before filing. Section 15-5-1 does not say whether that rule applies to a void or voidable marriage, so confirm with the Family Court.

What is the marriage age in Rhode Island?

Since June 7, 2021, 15-2-14 allows a marriage license only for a person of full age, which the statute ties to age 18.

Can a void marriage be made valid in Rhode Island?

In one situation, yes. Under 15-1-6, a marriage void only because a divorced former spouse was living may be declared valid by Family Court decree if it was lawful in all other respects.